TERMS OF REFERENCE
Services of conducting the annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses for 2023 (assistance with the implementation of the SACP measure 3.3.1.3.5.) for the National Agency on Corruption Prevention
1. Background
1.1. General overview
Supporting anti-corruption efforts in Ukraine is a high political priority for the European Union. By combating corruption, the EU contributes to the consolidation of democracy and economic growth of Ukraine, as well as successful approximation of Ukraine with the EU.
Upon the successful relaunch of the National Agency in 2020, an Anti-Corruption Strategy was developed, approved by the Cabinet of Ministers and finally adopted by the Parliament on June 20th, 2022. As the President signed the respective law on July 7th, 2022, the Strategy entered into force, and the NACP developed the State Program aimed at the Strategy’s implementation (hereinafter, SACP). The Programme, meant to detail and operationalize the Strategy by defining particular activities to achieve the strategic goals, identifying responsible authorities, and setting up deadlines and indicators for their implementation, after several rounds of Consideration by the Cabinet of Ministers, finally was adopted on March 4th, 2023 and its text was published on March 13th, 2023.
The NACP is responsible for implementing significant number of measures provided for in the SACP, specifically those that have to do with increasing the efficiency of the system for preventing and countering corruption, and formation and implementation of state anti-corruption policy. One of the SACP measures (3.3.1.3.5.) provides for conducting an annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses, with the subsequent publication of the report. This analysis should highlight the existing achievements and shortcomings in the courts’ practice, as well as provide valuable data for tailored legislative interventions (if needed) and for further harmonization of judicial approaches in application of substantive and procedural law. Therefore, the results of the analysis will support the capacity of the NACP to engage in the evidence-based policymaking.
To support the Agency in achieving this goal, the EUACI launches this tender to find a group of experts who specialize in the areas of criminal justice and anticorruption activities and possess relevant experience.
1.2. Contracting authority
The contracting authority is the European Union Anti-Corruption Initiative in Ukraine, hereinafter referred to as the “Customer”.
1.3. Beneficiary
The beneficiary is the National Agency on Corruption Prevention, Department of Anti-Corruption Policy.
2. Objective
The objective of the assignment is to assist the NACP with the implementation of SACP’s measure aimed at increasing the efficiency of criminal liability for corruption crimes by commissioning the annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses for 2023 (SACP measure 3.3.1.3.5.) according to the methodology agreed upon with the NACP.
3. Scope of work and expected deliverables
3.1. Scope of work
The scope of work of the assignment covers provision of expert services for conducting the annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses for 2023 (SACP measure 3.3.1.3.5.).
The Contractor will provide the following services:
- Developwith the input of and consultations with the NACP the methodology for conducting the annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses covering judicial decisions delivered in 2023;
- Conduct the study of the judicial decisions in criminal proceedings concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses, delivered in 2023 and selected based on the agreed methodology, analyze these decisions and find trends in application of the law, highlighting problematic areas and offering potential solutions, where possible.
- Draft the report with detailed description of the findings from the 2023 annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses.
Engagement of up to 5 experts who specialize in the areas of criminal justice and anticorruption activities and possess relevant prior experience (with up to 88 hours, i.e. 11 man-days of work of each of the experts, and a total of 400 hours, i.e. 55 man-days) is expected for the provision of abovementioned services.
3.2. Expected deliverables:
The Contractor is expected to contribute their expertise to conduction of conducting the annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses covering judicial decisions delivered in 2023 according to the methodology agreed upon with the NACP. The Contractor is expected to deliver the Report on conducted analysis. While there is no precise page number limit on the Report, it should include the detailed description of the findings from the 2023 annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses, including trends in application of the law, problematic areas and potential solutions, where possible.
Besides the report on the conducted analysis, the final report in English of up to 5 pages describing services provided, detailing each expert engagement and time spent on the assignment and outlining further recommendations (if applicable) should be delivered by the Contractor to the EUACI upon the contract completion.
Note: All the materials developed under this assignment shall include the EUACI logo as a part of the EUACI visibility strategy. Logo shall be used in accordance with the EUACI Visibility Guidelines and Brand Book. The Contractors shall consult with Yana Ryzak, the EUACI Communications Experts via e-mail at yanryz@um.dk .
4. Timeline
The assignment will start following a notification issued by the contracting authority, but not earlier than the date of signing the contract between the EUACI and the Contractor. The tentative start of the engagement is late July 2024. All activities envisaged under this contract shall be completed with a total duration of up to 4 months. The project activities are expected to take place in Kyiv.
5. Service provider
The EUACI will only consider applications submitted by group of experts or NGOs with the relevant experience of providing similar services. Individual applications of experts covering assignment only partially will not be considered.
5.1. Requirements for the Contractor
General qualifications:
- Officially registered organization (commercial or non-profit) or private entrepreneur registered according to the Ukrainian law;
- Track record of conducting similar analysis and studies, with the focus in the areas of criminal justice and anticorruption;
Adequacy for the assignment:
- Necessary organizational capacities to conduct the analysis (premises, equipment, staff of required qualifications, etc.);
- Each expert from the team shall meet the following qualifications:
o Possession of at least Master’s degree in Law.
o A minimum of 3 years of professional legal experience.
o Prior involvement in similar tasks is considered advantageous.
o Strong time-management and organizational skills.
6. Monitoring and evaluation
Definition of indicators
The performance of the contractor will be judged upon reaching the purpose of this contract as well as obtaining its results, as indicated in the sections "Objective" and "Expected Deliverables" herein respectively. Moreover, the performance of the contractors will be judged upon successful implementation of all the specific activities indicated above.
Special requirements
By signing the contract, the contractor agrees to hold in trust and confidence any information or documents ("confidential information"), disclosed to the contractors or discovered by the contractors or prepared by the contractors in the course of or as a result of the implementation of the contract, and agrees that it shall be used only for the purposes of the contract implementation and shall not be disclosed to any third party.
The contractor reports to the EUACI. The contractor shall be briefed prior to starting with the assignment. The contractor shall de-brief the EUACI prior to finalising the assignment.
7. Cross-cutting issues (integration of the youth, equal opportunities)
The project will be implemented ensuring equal opportunities for men and women and integration of the youth.
Clarification questions
Any clarification questions for the request for bid should be addressed to oleksandr.komarov@outlook.com no later than 22 July 2024, 18:00 Kyiv time.
How to apply
Deadline for submitting the proposals is 25 July 2024, 18:00 Kyiv time.
The bidder must submit the following information to be considered:
- CVs of experts for the engagement in this assignment.
- Financial proposal with price breakdown regarding each proposed expert.
- Letter of interest/motivation letter.
The proposals shall be submitted within the above deadline to oleksandr.komarov@outlook.com, indicating the subject line “The 2023 annual analysis of judicial practices concerning the prosecution of individuals involved in corruption and corruption-related criminal offenses”.
Bidding language: English.