Policy and Legal Expert

Background

In the face of disasters, societies everywhere are experiencing conditions of increasing vulnerability and enormous losses in social, environmental and economic terms. For comparison, in 2017 climate-related disasters and extreme weather events in the EU caused 6.7 billion EUR of economic damages (over 100 billion USD worldwide). At the same time, in the same year of 2017 only 1% of climate-related risks in the EU were insured (EEA, 2019). In Ukraine, direct and indirect economic losses caused by wildfires range from 3 billion UAH to 8 billion UAH annually (DSNS, 2018). At the same time, the annual economic losses in Ukraine resulting from floods just in Zakarpattia Oblast varying between 150 million UAH and 800 million UAH.

UNDP’s programmatic response is based on Country Office’s interventions so far and on the Sendai Framework for Disaster Risk Reduction 2015 - 2030 and its identified priorities: (i) Understanding disaster risk; (ii) Strengthening disaster risk governance to manage disaster risk; (iii) Investing in disaster risk reduction for resilience; (iv) Enhancing disaster preparedness for effective response and to “Build Forward Better” in recovery, rehabilitation and reconstruction. 

The Sendai Framework calls for a broader and a more people-centered preventive approach to disaster risk. According to the Framework, Governments should engage with relevant stakeholders, including women, children and youth, persons with disabilities, and other groups in the design and implementation of policies, plans and standards. Disaster Risk Reduction practices need to be multisectoral, based on the multi-hazard risk assessments, inclusive and accessible to ensure efficacy and effectiveness of the related measures.

To achieve transformational change the Programme will focus its activities to ensure that necessary capacities and institutional mechanisms are achieved at the national and oblast levels, while ensuring impact at the community level:

• Output 1. National government has improved policy frameworks and plans for Disaster Risk Management, coherent with Climate Change Adaptation policies that respond to the needs of women and men from diverse groups, especially the most vulnerable.
• Output 2. National and local authorities have capacities to integrate and implement gender-responsive DRR measures.
• Output 3. Target communities, including the most vulnerable, have necessary capacity, knowledge tools and financing mechanisms to build resilience, and to prevent and better recover from natural disasters based on the principle of leaving no one behind.

While not a formal output, a key task of the project team is to mobilize resources for scaling up of the project, and to deliver outputs related to DRR that are being developed in other projects in the portfolio.

In this context, UNDP is recruiting a professional with relevant experience and track record for the position of a Policy and Legal Expert, who will be responsible for reviewing legal and policy frameworks related to DRR, Civil Protection and Climate Change Adaptation in Ukraine, providing legal advice for the evolving thematic policy initiatives, and supporting the development and implementation of training programmes and development of publications for DRR practitioners and public officials on DRR and CCA.

Duties and Responsibilities

2. Duties and Responsibilities:

Under direct supervision of the Project Manager in liaison with Technical Advisor and Recovery Advisor and under the overall supervision of Energy and Environment Portfolio Team Leader, the incumbent will be responsible for:

• Provide policy & legal advice on improvement of the national frameworks related to DRR, Civil Protection and Climate Change Adaptation in Ukraine to better align with the international frameworks for a more coherent and interlinked DRR and CCA, including with respect to observance of international frameworks and relevant EU directives;
• Provide input in the development and implementation of training programmes for DRR practitioners and public officials on DRR and CCA and development of the thematic publications.

 

3. Deliverables and implementation schedule

The incumbent will be responsible for the following specific deliverables:

Deliverable #		Due date
Deliverable #1	Legal advice provided for the draft legislation to be submitted by the Ministry of Environmental Protection and Natural Resources of Ukraine for adoption according to the established procedure in a form of analysis papers, including: on a state climate fund and environmental finance reform; on Green Bonds; on environmental investments at the local level.	15 August 2021
Deliverable #2	Policy and legal advice in a form of policy memo provided in the establishment and/or development and/or upgrade of the Early Warning System in Ivano-Frankivsk Oblast and in Chernivtsi Oblast, linked to forecast-based financing, considering the dynamics of and around the SDG 11 implementation in Ukraine; the requirements of the national frameworks on early warning including the Resolution of the Cabinet of Ministers of Ukraine no. 733 of 27 September 2017; the Regulation on the Development of Flood Risk Management Plans adopted in April 2018 inter alia.	15 September 2021
Deliverable #3	A publication summarizing the DRR project’s conducted analysis of the current legal and policy frameworks, international obligations and commitments of Ukraine related to DRR, Civil Protection and Climate Change Adaptation, the policy and legal foundations of the civil protection system of Ukraine and the recommendations on improvement of the national frameworks to better align with the international frameworks for a more coherent and interlinked DRR and CCA prepared prior to International Day for Disaster Risk Reduction marked on the 13th of October.	10 October 2021
Deliverable #4	A Presentation prepared on the mapping of current legal and policy frameworks, international obligations and commitments of Ukraine related to DRR, Civil Protection and Climate Change Adaptation, introduction into the policy and legal foundations of the civil protection system of Ukraine and the recommendations on improvement of the national frameworks to better align with the international frameworks for a more coherent and interlinked DRR and CCA is given at training/awareness raising sessions with DRR/civil protection practitioners dedicated to increasing the knowledge on the Sendai Framework for Disaster Risk Reduction (SFDRR) and the alignment of Ukraine’s Unified System of Civil Protection thereto is held in the western region, including in Ivano-Frankivsk Oblast and Chernivtsi Oblast.	01 November 2021
Deliverable #5	Legal advice provided to the Project counterparts/in-house in the development of a national Civil Protection Strategy and a national Water Strategy; the legislative framework for establishing a national resilience system; as well as in the partnership engagements and dealings with the DRR project counterparts including State Emergency Service of Ukraine entities, regional and local governments, natural resource management authorities.	30 November 2021

 

Schedule of payments upon deliverable provision per cent the lump sum:

Deliverable 1 – 20%;

Deliverable 2 – 20%;

Deliverable 3 – 20%;

Deliverable 4 – 20%; and

Deliverable 5 – 20%.

 

4. Monitoring / reporting requirements:

Work-progress reporting/monitoring meetings will be held with the consultant on a weekly basis. UNDP will be the final authority to control the quality and evaluate the work. No reports or documents should be published or distributed to third parties without approval of UNDP.

The consultant will work under the daily supervision of the Project Manager and will interact with UNDP to receive any clarifications and guidance that may be needed. The satisfactory completion of each of the deliverables shall be subject to endorsement of the Project Manager.

The Consultant will duly inform UNDP of any problems, issues or delays arising in the course of implementation of assignment and take necessary steps to address them. All reports and results are to be submitted to the UNDP in electronic form (*.docx, *.xlsx, *.pptx, and *.pdf or other formats accepted by UNDP).

Competencies

Skills

• Strong managerial and leadership skills, notably planning, organizing, coordinating and controlling, problem solving and decision-making;
• Experience in the usage of computers and office software packages, good knowledge and experience in handling of web-based management systems;
• Ability to work under pressure and meet deadlines;
• Excellent analytical skills;
• Excellent writing, proficient communication and organization skills.

Corporate competencies

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

 

Required Skills and Experience

5. Experience and qualification requirements

Education

• At least Specialist’s degree or equivalent in law, political science, public administration or international relations;

Experience

• 7 years of relevant experience at the national or international level in the area of policy & legal analysis and international law, specifically with international treaties and conventions;
• Proven prior experience (at least 4 years) in European integration matters in Ukraine context and the legal approximation;
• Experience in the area of DRR, Civil Protection and Climate Change Adaptation in Ukraine or sustainable development (Agenda 2030 for Sustainable Development, SDGs) and/or development planning would be an advantage.
• Expertise in legislative drafting would be an advantage.

Languages

• Fluency in English and Ukrainian languages is required, including mastery of legal terminology

 

6. Documents to be included when submitting the proposals

Applicants shall submit the following documents:

Required
	Letter of interest/proposal, explaining why the applicant considers him- or herself the most suitable for the work
	Personal CV or P11, including information about past experience in similar projects / assignments and contact details for referees
	Financial proposal
	Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP

 

7. Financial proposal

Contracts based on lump sum

The financial proposal will specify the lump sum and payments will be made to the Individual Consultant based on the schedule of payments upon provision of the agreed deliverables.

Travel costs

Should any travel be necessary in connection to this TOR, UNDP will reimburse the expenses based on the duly authorized travel details, including travel and per diems.  In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

 

8. Evaluation criteria

Criteria A: Education – 13 points max

At least Specialist’s degree or equivalent in law, political science, public administration or international relations

 {13 pts – PhD degree in the relevant field or higher; 11 pts –Master’s degree in the relevant field; 8 pts - Specialist’s degree in the relevant field};};

Criteria B: Work Experience – 50 points max

1. At least 7 years of at the national or international level in the area of policy & legal analysis and international law, specifically with international treaties and conventions; -  20 points max

{20 pts – 12 years and more; 18 pts – 10-12 years; 16 pts – 7 years);

2. Proven experience in the development of legislative acts, legal analysis and evaluation; – 20 points max

{12 pts –3 reviews/analysis/legal acts; 14 pts – 4; 16 pts – 5; 20 points – more than 5 reviews/analysis/legal acts };

3. Experience in the area of DRR, Civil Protection and Climate Change Adaptation in Ukraine or sustainable development (Agenda 2030 for Sustainable Development, SDGs) and/or development planning would be an advantage; - 10 points max

{6 points – 2 years; 8 points – 3 years; 10 points – 4 years or more };

Criteria C: Technical Skills – 7 points max

Language Skills – 7 points max:

Fluency in Ukrainian and English

{7 pts – Fluency in English and Ukrainian}

Maximum available technical score - 70 points.

 

9. Evaluation method

 Cumulative analysis

Contract award shall be made to the incumbent whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) having received the cumulative highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

* Technical Criteria weight: 70%

* Financial Criteria weight: 30%

Only candidates obtaining a minimum 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.