Local recruitment: Legal Expert (Tajikistan nationals)

Asian Development Bank (ADB)

Tajikistan 🇹🇯

Expertise: Legal
Expertise Group: Legal

Consultant Source: National
TOR Keywords: Legal expert; Lawyer

Objective and Purpose of the Assignment

The ADB is supporting the Antimonopoly Services (AMS) to develop a regulatory framework for the water
and sanitation sector. The Inception Report identified a schedule of requirements of the AMS. Included
in these requirements were the development of the water sector regulatory mandate of the AMS setting out
its functions and powers, plus a framework for a licensing of service providers. The AMS regarded the
licensing aspect as a high priority as it was seen as a mechanism to generate a revenue stream through
license fees that would finance its activities. The ADB appointed international regulatory expert
considered that the functions and powers of the AMS and the licensing framework should be consolidated
into a single legal instrument as has been applied in many other regulatory frameworks elsewhere in the
world. The expert subsequently prepared a draft legal instrument that met this requirement. The format
of the instrument was in accordance with legal drafting conventions familiar to the expert and not
necessarily in accordance with the conventions applied in Tajikistan. This instrument was provided in
both Tajik and English. The expert handed over the instrument to the AMS on the understanding that their
in-house legal counsel could redraft it in a format that is compliant with the Tajikistan legal drafting
convention.

The AMS in-house legal counsel has not been able to redraft the instrument and the ADB team considers
that additional support is needed for this. A legal expert is now required to assist the AMS legal
counsel to redraft the instrument that is compliant with the Tajikistan legal drafting convention.

Scope of Work

(i) examine the legal instrument as prepared by the water supply and sanitation (WSS) regulations
specialist to ensure a full understanding of the requirements. The legal expert may communicate directly
with the regulatory expert on points of clarification and explanation.
(ii) discuss with the AMS water team and legal counsel to confirm that it meets with their requirements
and is compliant with existing legislation governing the AMS and the water and sanitation sectors.
(iii) redraft the legal instrument into a format that it is compliant with the Tajikistan legal drafting
convention in both Tajik and English languages.
(iv) discuss with AMS water team and legal counsel as necessary for finalization prior to submission to
the government.
(v) set out other legal obligations on regulatory reporting if needed, beyond what is set out in the
legal instrument prepared by the WSS regulations specialist.
(vi) draft licenses for the utilities setting out their license obligations, specifically their
obligations to pay license fees.
(vii) set out the legal basis for license changes where necessary.
(viii) set out the powers of the regulator and how they will be applied.
(ix) assist in the application of enforcement measures.
(x) assist the AMS in response to any queries from government and other stakeholders as necessary.
(xi) assist the AMS in the final draft submission for government approval.
(xii) provide additional support to the AMS as necessary to ensure proper implementation of the new
legal instrument

Detailed Tasks and/or Expected Output

The scope of work provides detailed tasks, and the following are expected outputs:
(i) Draft legal instrument for government consideration
(ii) Final legal instrument for government approval

Minimum Qualification Requirements

  • Minimum Bachelor’s degree, Master’s degree preferable.
  • The national legal expert shall be qualified to practice law in Tajikistan. He/she should be
    proficient in drafting legislation (primary and secondary) and have some understanding of the legal
    framework governing the water and sanitation sector. He/she shall be proficient in English to produce a
    workable English translation of the final legal instrument

Minimum General Experience: 7 Years
Minimum Specific Experience (relevant to assignment): 7 Years


POSITION TYPE

ORGANIZATION TYPE

EXPERIENCE-LEVEL

DEGREE REQUIRED

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