Ref.
2024/SNEOSFC/10514
Job offer type
Experts
Type of contract
Service contract
Activity sectors
Economic and financial governance
Deadline date
2024/02/25 07:37
Duration of the assignment
Short term
Contract
Freelancer
Duration
3 mois
Département Coopération Bilaterale et Mobilisation de l'Expertise - CBME > Pôle Jumelages et Activités Bilaterales des Admnistrations
Published on : 2024/01/21
Purpose and objectives of the assignment
The main objective of the assignment is to provide the expert support to State Audit Service of Ukraine
in the framework of the technical assistance facility mAIDan Ukraine in terms of improvement of the
level of implementation of EU acquis into Ukrainian legislation.
The specific objective of this assignment is to provide assistance with development of the draft law on
protection of the EU financial interests in Ukraine.
Output 1.1: a coordination mechanism between the project and SAS as a beneficiary
established and institutional gaps identified
Output 1.2: Existing regulations on protection of financial interests of EU reviewed and policy
reforms identified to prepare for implementation of EU acquis
Output 1.3: Law on protection of financial interests of EU drafted, finalized and presented to
relevant stakeholders.
Key Expert Inputs
Contribution to the gap analysis between EU and Ukrainian legal framework in the field of
financial control of EU fund`s in Ukraine
- Expert opinions, drafts policy documents with suggested revisions and/or text
- Draft legislative proposals/develop recommendations
- Contribution to the identification of future needs in term of technical assistance
Ukraine is a key partner for Expertise France, which has had a local presence since 2006 with a
representative office and projects. Over the years, Expertise France has built up a relationship of trust
with its partner administrations. The ongoing projects in Ukraine include: Pravo – Justice. The EUfunded Project Pravo-Justice promotes greater rule of law in Ukraine, in line with European standards
and comparative practices. Initiative. The project supports beneficiary countries to design, implement,
monitor, and evaluate funding allocated by the Global Fund to Fight HIV, Tuberculosis and Malaria. The
Emergency Fund for Ukraine against TB & HIV started in December 2022 with a commitment of €5
million.
Since the start of the of unjustified full-scale Russian invasion, Ukraine is daily suffering human losses
as well as big-scale destruction and damages all across the country. According to the World Bank
Recovery and Reconstruction Needs Assessment, the estimate cost of the recovery and reconstruction
in Ukraine has grown to EUR 383 billion. Considering cost of the reconstruction, Ukraine would need
mobilisation of both public and private funds.
Ukraine’s need for support is of great scale and priority in the context of the ongoing war and starting to
prepare for recovery processes. At the same time, Ukraine’s European and international partners are
heavily mobilized to offer their support, both financial and technical. Therefore, in response to the
growing needs of Ukraine.
In the response to the existing situation and challenges, France has launched a coordinated assistance
to Ukraine. The mAIDan Ukraine program is a multisector technical assistance facility funded by the
Ministry of Foreign Affairs as a part of the French support to Ukraine coordinated by the French Special
Envoy for Ukraine Relief and Reconstruction. The program’s main objective is to identify needs and
propose technical cooperation projects that support resilience, reconstruction, and the accession
process in Ukraine.
Program sub-objectives include mobilisation of the technical solutions to meet the most urgent needs
and initiate structuring cooperation, as well as financing or co-financing technical assistance projects
during 2023-2026.
At this time, Expertise France pre-identified intervention sectors:
- Health, in particular mental health, restorative health, and hospitals
- Rehabilitation and reconstruction of essential infrastructure and urban development
- Transportations and mobility
- Innovation
- Justice and Rule of Law
- Good governance, including decentralisation
- Economic and financial governance.
The program may mobilize funding for other sectors if demand is expressed and the opportunity is
confirmed by Expertise France and the Ministry of Foreign Affairs of France.
Through a series of missions to Ukraine and starting program operations in Kyiv, Expertise France has
pre-identified the following specific projects:
- Contributing to the selection of Constitutional Court of Ukraine judges through Pravo-Justice
- Supporting Ukrainian start-ups through co-funding of the EU4InnovationEast project
- Supporting local authorities in recovery and decentralization processes with a special focus on
Chernihiv Oblast
- Technical assistance on support of the State Audit Service of Ukraine (DASU)
General context related to the assignment
According to Article 453 of Title VI "Financial Cooperation and Anti-Fraud Provisions" of the Association
Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy
Community and their Member States, on the other hand (hereinafter referred to as the "Association
Agreement"), and its annexes, Ukraine receives financial assistance through the relevant EU funding
mechanisms and instruments. Article 459 of the Association Agreement stipulates that the parties shall
take effective measures to prevent and combat fraud, corruption and other illegal activities, inter alia
through mutual administrative assistance and joint legal support in the areas covered by the Association
Agreement.
Member States shall combat fraud and any other illegal activity affecting the financial interests of the
Union by means of measures to be taken which shall act as a deterrent and ensure effective protection
in Member States and in all institutions, bodies, offices and agencies of the European Union. Member
States shall take the same measures to combat fraud affecting the financial interests of the Union as
they take to combat fraud affecting their own financial interests (Article 325 of the Treaty on the
Functioning of the European Union).
According to paragraph 3 of the Resolution of the Cabinet of Ministers of Ukraine No. 1110 dated
October 25, 2017 "On the Introduction of a National Mechanism for Coordinating the Interaction of Public
Authorities to Protect the Financial Interests of Ukraine and the European Union", the State Audit Service
is authorized to act as the National Contact Point (NCP) for organizing interaction with the European
Anti-Fraud Office (OLAF) and the European Court of Auditors (ECA) (hereinafter referred to as the
National Contact Point) on the implementation of Section VI of the AAU.
As the NCP, the SAS receives and summarizes information on possible irregularities in the use of
financial assistance received from the European Union in Ukraine and ensures its full transfer to the
competent authorities of Ukraine and the EU, as well as interacts with public authorities to consider
official requests for violations of the legislation, the Association Agreement, other international treaties
concluded between Ukraine and the European Union in the field of EU external assistance, contracts,
and the implementation of the EU-Ukraine Association Agreement.
In order to implement the requirements of Ukrainian legislation and the EU acquis, the SAS takes
measures to develop a fraud coordination service in Ukraine and participate in the implementation of
Title VI of the Association Agreement. Such measures include the need to study the European
experience, best practices of the EU member states, analyze the EU law and the Ukrainian legislative
framework in order to develop concepts for the functioning of the anti-fraud coordination service in
Ukraine and systematic protection of the financial interests of the European Union in Ukraine. The
developed proposals to the relevant legislative and regulatory acts will be submitted to the Interagency
Coordination Council for Counteracting Violations Affecting the Financial Interests of Ukraine and the
EU.
On August 31, 2023, the SAS, as the NCP, initiated the convening of the Interagency Coordination
Council on Counteracting Violations Affecting the Financial Interests of Ukraine and the EU (in
accordance with the provisions of the Resolution of the Cabinet of Ministers of Ukraine No. 1110 of
October 25, 2017 "On the Introduction of a National Mechanism for Coordinating the Interaction of Public
Authorities to Protect the Financial Interests of Ukraine and the European Union"), which decided to
draft a procedure for implementing the mechanism of interagency cooperation with the State Audit
Service. The legislative amendments should meet the objectives of implementing Directive (EU)
2017/1371 of the European Parliament and of the Council of July 5, 2017 on the fight against fraud
against the financial interests of the Union by criminal means (hereinafter referred to as Directive 1371)
and Regulation (EU) No. 883/2013 of the European Parliament and of the Council of September 11,
2013 No. 883/2013 on investigations carried out by the European Anti-Fraud Office (OLAF) and
repealing Regulation (EC) No. 1073/1999 of the European Parliament and of the Council and Council
Regulation (Euratom) No. 1074/1999.
Required expertise
The contractor is required to have following set of expertise:
- Law degree from accredited law school in Ukraine or abroad; advanced degree preferred.
- At least 5 years of experience in the relevant field with preference in Public Finance
management and/or financial control and/or European Integration in public sector.
- Demonstrated experience in project implementation, legal drafting, including experience in
and / or knowledge of technical assistance projects funded by the European Union or other
international donors.
- A high degree of initiative and diplomacy and the ability to solve complex problems in
coordination with a diverse range of stakeholders.
- Fluency in written and spoken English and Ukrainian.
Reporting
The contractor is responsible to provide the deliverables in English and/ or Ukrainian in written form
following the timeline agreed with Expertise France. The final version of the report should be submitted
by 30 April 2024.
Expert will submit monthly reports to the Programme Coordinator and Programme Director covering
services performed and key outputs achieved during the period, relating to the workplan lines
enumerated above. The reporting template will be provided by the Programme Coordinator and
Programme Director.
Timeframe of the contract
The assignment implementation is expected during the period of 20th January – 30th April 2024 according
to the preliminary timeline in the Section 3. The timeline is a subject to discussion/modification based
on the Expert’s agreement with Expertise France based on availability of Ukrainian and international
stakeholders with whom coordination is required to develop a properly scoped and defined project
intervention for the subsequent Phase
The selection process for candidates will be based on the following criteria :
Deadline for application : 2024/02/25 07:37
File(s) attached : 10012024 TOR DASU STE VF.pdf
Expertise France is the public agency for designing and implementing international technical cooperation projects. The agency operates around four key priorities :
In these areas, Expertise France conducts capacity-building initiatives and manages project implementation, leveraging technical expertise and acting as a project coordinator. This involves combining public sector expertise with private sector skills to drive impactful results.