Ukraine nationals: Legal Advisor to the Minister of Environmental Protection and Natural Resources of Ukraine
On 27 May 2020, the Cabinet of Minister of Ukraine has adopted a Resolution # 425 on the creation of the Ministry of Environmental Protection and Natural Resources of Ukraine. The newly established Ministry is responsible for the following matters:
- ensures the formation and implementation of state policy in the field of environmental protection, radiation, biological and genetic safety, use and reproduction of aquatic bioresources, fisheries regulation and maritime safety vessels of the fleet of fisheries, forestry and hunting;
- ensures the formation and implementation of state policies in the in the field of water management, efficient use of natural resources as well as environmental protection from the negative anthropogenic impact on climate change and adaptation to its changes including compliance with the requirements of international environmental treaties.
The newly established Ministry requires support in filling the capacity gaps in environmental governance to align the Ukraine’s efforts with the European Green Deal (EGD) as a new growth strategy for boosting the efficient use of natural resources by moving to circular economy, restoring the biodiversity and cutting pollutions.
To support the GOU efforts on establishing a solid legal and institutional framework for environmental policymaking on the pathway to sustainable environment, and in addressing global climate change challenges, UNDP Ukraine intents to establish a Strategic Advisory Unit to provide high level/senior technical advice and strategic guidance to the Minister/ Minister’s Office to support strategic policy-making and institutional efforts support for improvement of environmental ecosystem protections, focusing on reducing air pollution, sustainable water resources management, environment and health, including transparent stakeholders’ consultation processes and raising public awareness.
UNDP in Ukraine seeks to support the Strategic Advisory Unit with a Legal Advisor to the Minister of Environmental Protection and Natural Resources of Ukraine.
Duties and Responsibilities
2. Objectives of the assignment
The main objectives of the assignment is to provide high-level expertise to help the Ministry of Environmental Protection and Natural Resources of Ukraine in filling the capacity gaps in environmental governance to align the Ukraine’s intention in joining to the European Green Deal (EGD) as a new growth strategy for busting the efficient use of natural resources by moving to circular economy, restoring the biodiversity and cutting pollution.
3. Scope of services
Under the overall supervision of Project Manager, the selected Consultant under this assignment will be responsible legal advisory to the Minister of Environmental Protection and Natural Resources of Ukraine.
The Consultant will perform the following tasks:
- Conduct legal review of policy papers and advise the Minister on the respective recommendations;
- In close cooperation with the Ministry Legal Department support the development of legal reports, observations, memoranda, internal legal opinions and other briefing documents;
- Draft legal opinions, memoranda and draft legal documents enabling the integration of environmental and climate change aspects in national as well as sectoral legal acts. This includes, but not limited to: a) development policies and plans, b) decrees of the Government of Ukraine on environment and climate change issues, b) shaping the technical text of the national, sectoral and territorial adaptation plans, their implementation strategies and other related documents from the perspective of legislative acts, c) preparation of amendments to environment and climate change related legislative acts whenever necessary, etc.
- Support the preparation of Ministerial legal submissions before national judicial bodies that touch upon matters falling with his/her portfolio;
- Provide legal support to the decision of the Minister whenever requested. The advisor examines and tracks legislation and advises the Minister on such issues where appropriate.
- Advises the Minister and the Ministry Legal Department, including support on examining the laws following their public announcement, on whether they are constitutionally sound and keeps relevant ministry stakeholders informed of such determinations;
- Liaises with UNDP to ensure synergies between activities.
- Participate in the events related to the above-mentioned activities and make presentations whenever required. Participate in and co-facilitate trainings and workshops with the UNDP in Ukraine.
- Provide reports on all undertakings as relevant
4. Measurable outputs of the work assignment/deliverables:
- Policy briefs, legal opinions, draft legislation, analytical papers, reviews, assessments, guidance, developed in cooperation with the Minister’s Office representatives, with proper reference to the SDGs – monthly;
- Advisory service on the above-mentioned issues provided - monthly;
- Progress reports are provided to UNDP - monthly;
5. Management arrangements
The consultant will be primarily responsible for the achieving of the objectives of the assignment. The Consultant will report to Project Manager and will work closely with representatives of the Ministry of Environmental Protection and Natural Resources of Ukraine and Energy and Environment Portfolio of UNDP in Ukraine.
Consultant will be responsible for all personal administrative expenses associated with the assignment, which include printing costs, stationary, telephone and electronic communication.
Travel costs shall be paid for / reimbursed separately by the Project as per UNDP rules and regulations. This includes all mission travel and mission costs as per UNDP rules and regulations.
6. Monitoring requirements / Terms of payment
The Consultant will submit monthly plans and output reports indicating the number of days worked and short details of tasks per day.
Payments under this contract are to be made after acceptance of monthly plans and services delivered by the Consultant upon submission of a monthly output report and an invoice indicating exact number of workdays per month and short description of tasks performed.
7. Required competencies, experience and qualifications
• Demonstrates integrity by modeling 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 favoritism;
• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.
- Ability to take initiative;
- Excellent coordination and facilitation skills with multi stakeholders with different backgrounds;
- Strong interpersonal and task management skills;
- Builds strong relationships, focuses on impact and result and responds positively to feedback;
- Openness to change and ability to manage complexities.
Required Skills and Experience
- Advanced university degree (at least Specialist/Master) in law, public administration, international relations, or another relevant field;
- 3 years of relevant experience at the national or international level in public administration, law, international relations.
- Strong background in environment law and regulations (a minimum of 2 years of working experience related to environment law development and/or enforcement).
- Proven prior experience (at least 3 years) of professional or advisory services to the Government (or national level counterparts) and/or reputable international organizations.
- Proven reports and/or publications record related to environment law design and environmental legislation analytics (at least 3 relevant publications).
- Excellent analytical, advisory, communication and writing skills.
- Fluency in writing/speaking Ukrainian and Russian;
- Fluency in English will be an advantage.
8. Documents to be included when submitting the proposal
Applicants shall submit the following documents:
- Letter of interest/proposal;
- CV/P-11 including information about past experience in similar projects / assignments and contact details for referees;
- Financial proposal;
- Examples of reports/studies related to energy development, energy efficiency and environment. (5 minimum)
Daily fee contract
The financial proposal shall specify a daily fee rate. Monthly payments are based on timely and satisfactory delivery of the agreed products and services as specified in the Terms of Reference for Individual Consultant. The financial proposal shouldn’t include travel costs as it will be covered by UNDP.
The following criteria will be rated as indicated below:
- Advanced university degree (13 points max): PhD – 13 points; Masters/Specialist – 8 points.
- At least 3 years of relevant experience at the national or international level in public administration, law, international relations (15 points max): 3 years – 10 points, 4-6 years -13 points, 7 and more – 15 points.
- A minimum of 2 years of working experience related to environment law development and/or enforcement (15 points max): 2 years – 8 points, 3-4 years -10 points, over 5 years – 15 points.
- Minimum 3 years of professional or advisory services to the Government (or national level counterparts) and/or reputable international organizations (10 points max): 3 years – 7 points, 4-5 years - 8 points, 6 and over – 10 points.
- Proven reports and/or publications record related to environment law design, environmental legislation analytics (7 points max): 3 publications – 5 points, more than 3 publications – 7 points;
- Language skills (excellent written and spoken Russian and Ukrainian. Working level of English would be an asset (10 points max): 5 points for fluent Ukrainian/Russian, 10 points for fluent Ukrainian/Russian + English).
Maximum available technical score - 70 points.
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 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.