Objectives and desired results

1. General objective

To support the reform and improvement of the Ukrainian system for the enforcement of court decisions, in line with the Rule of Law Road Map, relevant European standards and Ukraine’s EU integration commitments, through expert analysis, performance assessment, legislative recommendations and institutional capacity-building.

2. Specific objectives

• Support the implementation of relevant measures under the Rule of Law Road Map concerning the effectiveness, quality and institutional development of the enforcement system.
• Contribute to the external assessment of the efficiency of the State Enforcement Service and private enforcement officers, including the application and further development of evidence-based assessment methodologies.
• Provide expert recommendations on the enforcement of court decisions against the Russian Federation, including legal issues relating to jurisdictional immunity.
• Support the improvement of the legal and institutional framework governing enforcement proceedings and the professional activities of private enforcement officers.
• Provide recommendations for strengthening the professional self-governance of private enforcement officers, taking into account European experience and the Ukrainian context.
• Support to the approximation of Ukrainian regulatory framework to the EU law and practices.
• Support consultations, knowledge-sharing and capacity-building activities for relevant stakeholders, including the Ministry of Justice and other institutions involved in enforcement reform.

3. Anticipated results

• Relevant measures under the Rule of Law Road Map concerning the effectiveness, quality and institutional development of the enforcement system are supported through expert analysis, recommendations and implementation-oriented inputs.
• An external assessment of the efficiency of the State Enforcement Service and private enforcement officers is supported, including the application and further development of evidence-based assessment methodologies.
• The Project and relevant Ukrainian institutions receive expert analysis and recommendations on the enforcement of court decisions against the Russian Federation, including legal issues relating to jurisdictional immunity.
• Recommendations are provided for improving the legal and institutional framework governing enforcement proceedings and the professional activities of private enforcement officers.
• Recommendations for strengthening the professional self-governance of private enforcement officers are developed, taking into account European experience and the Ukrainian context.
• Relevant Ukrainian legislation and regulatory practices are assessed against EU law and practices, and recommendations for further approximation are provided.
• The Ministry of Justice of Ukraine and other relevant stakeholders benefit from expert consultations, knowledge-sharing and capacity-building activities supporting enforcement reform.

Description of the assignment

1) Planned activities

The Expert shall work under the overall supervision of the Senior National Key Expert on Enforcement and Pillar 1 Lead, and in close coordination with other Project experts and relevant beneficiary institutions.

Depending on the specific assignment and area of expertise, the Expert may be required to provide some or all of the following services:

A. Support for the implementation of the Rule of Law Road Map

• Provide expert analysis and recommendations concerning measures under the Rule of Law Road Map related to the effectiveness, quality and institutional development of the enforcement system.
• Support the identification of legal, institutional and practical issues affecting implementation of the relevant measures.
• Prepare analytical inputs and practical recommendations to support the Project and relevant institutions in implementing enforcement reform commitments.

B. External assessment of the efficiency of the enforcement system

• Contribute to the external assessment of the efficiency of the State Enforcement Service and private enforcement officers.
• Apply, review and, where appropriate, further develop evidence-based methodologies for assessing the efficiency and performance of enforcement services.
• Analyse relevant quantitative and qualitative data, institutional arrangements, procedures and operational practices.
• Prepare findings and recommendations aimed at improving the efficiency, quality and accountability of enforcement services.

D. Improvement of the legal and institutional framework governing enforcement

• Analyse Ukrainian legislation and institutional arrangements governing enforcement proceedings and the professional activities of private enforcement officers.
• Identify regulatory gaps, inconsistencies and practical challenges affecting the operation of the enforcement system.
• Provide recommendations for improving the relevant legal and institutional framework, taking into account implementation needs and the functioning of the enforcement system in practice.
• Provide expert comments on relevant draft legislation, regulatory acts and policy documents upon request of the Project.

E. Approximation to EU law and practices

• Conduct comparative legal analysis of the Ukrainian regulatory framework governing enforcement proceedings and the professional activities of private enforcement officers against relevant EU law and practices.
• Identify areas where further legislative or institutional alignment may be required.
• Prepare recommendations and analytical inputs supporting the approximation of the Ukrainian regulatory framework to EU law and practices, taking into account the Ukrainian legal and institutional context.

F. Strengthening the professional self-governance of private enforcement officers

• Analyse the current legal and institutional framework for the professional self-governance of private enforcement officers.
• Review relevant European approaches and practices concerning professional self-governance, professional standards, accountability and institutional independence, as appropriate.
• Develop recommendations for strengthening the professional self-governance framework in Ukraine, taking into account national circumstances and the practical needs of the profession.
• Support relevant consultations on proposed improvements with the Project and relevant stakeholders.

G. Consultations, knowledge-sharing and capacity-building

• Provide expert consultations to the Ministry of Justice of Ukraine and other institutions involved in enforcement reform.
• Participate in working groups, meetings and consultations organised by the Project or relevant beneficiary institutions.
• Contribute to the preparation and delivery of knowledge-sharing and capacity-building activities on topics related to the assignment.
• Present analytical findings, comparative practices and recommendations to relevant stakeholders.
• Provide additional legal and policy analysis, expert opinions and comments on documents relevant to the assignment upon request of the Project.

2) Anticipated deliverables

D1. Assessment of the efficiency of the enforcement system. Contributions to the external assessment of the State Enforcement Service and private enforcement officers, including assessment findings, methodological inputs and evidence-based recommendations for improving the efficiency and quality of enforcement services.

D2. Improvement of the legal and institutional framework governing enforcement. Legal and policy analyses, reviews of legislation and draft regulatory acts, identification of regulatory and institutional gaps, and recommendations for improving enforcement proceedings and the professional activities of private enforcement officers.

D3. Approximation to EU law and practices. Comparative analyses of the Ukrainian regulatory framework against relevant EU law and practices, identification of areas requiring further alignment, and recommendations supporting legislative and regulatory approximation.

D4. Strengthening the professional self-governance of private enforcement officers. Analysis of the existing framework, review of relevant European experience, and recommendations for strengthening professional self-governance in the Ukrainian context.

D5. Consultations, knowledge-sharing and capacity-building. Contributions to stakeholder consultations, working meetings, presentations, knowledge-sharing and capacity-building activities, including supporting materials prepared in coordination with the Project.

The scope, format and timing of individual deliverables shall be agreed with the Project. Deliverables may take the form of analytical reports, legal opinions, comparative studies, methodological documents, written recommendations, presentations or other outputs appropriate to the task assigned.

3) Consultation

The Experts shall work under the overall supervision of the Senior National Key Expert on Enforcement and Pillar 1 Lead and maintain regular coordination with the Project team.

Consultations shall cover the prioritisation and allocation of tasks; the scope and methodology of assessments and analytical work; access to relevant data and documentation; coordination with the Ministry of Justice of Ukraine and other beneficiary institutions; preparation and review of deliverables; and the planning of meetings, knowledge-sharing and capacity-building activities.

The Experts shall coordinate their work to ensure complementarity between their respective areas of expertise and consistency across the outputs delivered under the assignment.

The Experts shall promptly inform the Project of any potential conflict of interest, confidentiality concern or other circumstance that may affect the performance of the assignment.