Republic of Moldova

Team of two local consultants (legal and economic) to strengthen the capacities of NAC in performing anti-corruption proofing of the legislation by evaluating its impact

Vacancy Number: Pr16/01284

Location:	Chisinau, Moldova
Application Deadline:	29 Apr 2016, 23:59 (GMT+2:00)
Application Extended deadline:	09 May 2016, 23:59 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	12 May 2016
Reference to the project:	Strengthening the corruption prevention and analysis functions of the National Anticorruption Center Project
Expected Duration of Assignment:	May-August 2016
Submission Instructions: Proposals should be submitted online by pressing the "Apply Online" button no later than 29 April 2016. Requests for clarification must be sent by standard electronic communication to the following e-mail olga.crivoliubic@undp.org. UNDP will respond by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all applicants.
Supporting Documents: Individual Consultant Procurement Notice Terms of Reference Personal History Form (P11) UNDP General Conditions of Individual Contract

Background

Anticorruption proofing of legal and normative acts represents a process of the evaluation of the correspondence of a draft act to the national and international anticorruption standards with the view of identifying provisions that favor or could favor corruption and formulating recommendations to exclude or diminish their effects.  It was introduced as a mandatory tool for all draft legal and normative acts in 2006 and is carried out by the National Anticorruption Center.

The most frequent corruption risks identified within the anticorruption proofing are ambiguous linguistic wording; conflicting legal norms; reference norms; excessive discretion of public authorities; excessive requirements for exercising certain rights; limited access to information, lack of transparency; lack/insufficiency of control mechanisms; improper responsibilities and sanctions. 

According to the 2014-2015 NAC Report, during the reference period, NAC reviewed 1.783 draft regulatory acts (909 in 2014, 874 in 2015). Out these 1,329 drafts were subject to corruption proofing (612 in 2014, 684 in 2015), expert review reports being prepared.

The analysis of the drafts subject to corruption proofing found that:

• 30% of drafts were not justified enough to be promoted;
• 10% did not meet the rules of transparency in decision-making;
• 48% of drafts, the implementation of which required financial costs, were not accompanied by financial justification and did not indicate the source of funding, which often leads to the enactment of legislation that cannot be implemented due to financial reasons;
• 55% of drafts that regulated business activities were not accompanied by the regulatory impact assessment;
• 28% of drafts promoted certain private interests, of which 3/4 did not observe the public interest.

 The effectiveness of NAC experts’ recommendations to eliminate the identified risks was calculated by checking the number of recommendations made in the corruption proofing report, which were taken into account when the draft was adopted. The effectiveness of the recommendations was estimated by NAC at 51% in 2014 and 54% in 2015.

UNDP, through its project Strengthening the corruption prevention and analysis functions of the National Anti-corruption Center (NAC) aims to strengthen the capacities of NAC in performing anti-corruption proofing of the legislation by evaluating its impact and delivering recommendations on improving current methodology to ensure the most efficient process of anticorruption proofing. In this context, the project intends to contract a team of two local consultants (legal and economic) to assess the impact of the anticorruption proofing of legal and normative acts in the period of 2010 -2015 and deliver recommendations on improving current methodology to ensure the most efficient process of proofing.

 

Scope of work

The main objective of the assignment is to strengthen the capacities of NAC in performing anti-corruption proofing of legal and normative acts by evaluating its impact in the period of 2010 -2015 and deliver recommendations on improving current methodology to ensure the most efficient process of proofing.

Scope of work and expected outputs

The consultancy will have four major outputs:

• Methodological framework for the assessment of (anticipated) public prejudice caused by legal and normative acts;
• Analysis and assessment of the caused and anticipated (substantial) public prejudice of legal and normative acts proofread by NAC, including:
• Analysis and economic assessment of the (substantial) anticipated public prejudice of legal and normative acts retracted as the result of anticorruption proofing;
• Analysis and economic assessment of the (substantial) public prejudice of legal and normative acts adopted in spite of the anticorruption proofing conclusions/recommendations
• A typology of draft legal and normative acts generating public prejudice
• A list of draft legal and normative acts that eluded anticorruption proofing
• A set of recommendations on improving current methodology to ensure the most efficient process of proofing.

For detailed information, please refer to Annex 1 – Terms of Reference.

Requirements for experience

For the legal consultant/team leader

Academic Qualifications:

• Master’s Degree or equivalent in Law or other relevant field.

Years and sphere of experience:

• At least 5 years of proven professional experience in legal drafting and analysis of legal and normative acts
• At least 5 years of experience related to corruption prevention in a public institution/NGO/international organization
• Competencies:
• Excellent knowledge of Moldovan legislative process demonstrated by previous assignments;
• Knowledge of principles, legal and normative framework regulating anticorruption proofing of legislation demonstrated by previous assignments will be a strong advantage;
• Previous experience of working with the National Anticorruption Center will be a strong advantage;
• Strong analytical and report writing skills demonstrated by previous assignments;
• Strong communication, teamwork/coordination and presentation skills demonstrated by previous assignments;
• Previous successful experience in development assistance or related work for a donor organization, in particular UNDP, governmental institutions, NGO/think-tank or consulting firm is a strong advantage;
• Knowledge of English, Romanian, Russian languages for the purposes of the assignment;

Personal qualities:

• Proven commitment to the core values of the United Nations; in particular, is respectful of differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status;
• Responsibility;
• Flexibility;

 For economic consultant

Academic Qualifications:

• Bachelor’s Degree in Economics, Finance, Public Administration or other relevant field.

Years and sphere of experience:

• At least 4 years of proven professional experience in economic and financial assessments, policy analysis, strategic planning or other related field.

 Competencies:

• Experience in conducting economic and financial assessments of draft legislation, strategic documents, or similar experience demonstrated by previous assignments;
• Knowledge of the corruption phenomenon demonstrated by previous assignments is a strong asset;
• Strong analytical and report writing skills demonstrated by previous assignments;
• Previous successful experience in development assistance or related work for a donor organization, in particular UNDP, governmental institutions, NGO/think-tank or consulting firm is a strong advantage;
• Knowledge of English, Romanian, Russian languages for the purposes of the assignment;

Personal qualities:

• Proven commitment to the core values of the United Nations; in particular, is respectful of differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status;
• Responsibility;
• Flexibility;

The United Nations Country Team in the Republic of Moldova is committed to workforce diversity. Women, persons with disabilities, Roma and other ethnic or religious minorities, persons living with HIV, as well as refugees and other non-citizens legally entitled to work in the Republic of Moldova, are particularly encouraged to apply.

Documents to be included

1. Proposal: explaining why they are the most suitable for this position and providing examples reflecting the competencies for each of the qualification requirements (particularly providing details on the previously implemented similar projects and assignments and previous experience in the fields related to this consultancy as described in the terms of reference);
2. Financial proposal: in (USD, specifying a total lump sum amount and the number of anticipated working days);
3. Personal CV including past experience in similar projects and the contact details of at least 3 reference persons.

Financial proposal

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payment will be made upon the successful completion of the tasks assigned and submission of the assessment report.  Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals the financial proposal shall include a breakdown of this lump sum amount (including fee, taxes, communication costs, travel, per diems, and number of anticipated working days).

Travel

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. 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.

No travel is envisaged under this assignment

 

 

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