Objectives and desired results

1) General objective

To provide high-quality national legal expertise, analytical support and legislative drafting assistance in the fields of enforcement of court decisions and insolvency, contributing to effective implementation of justice-sector reforms, the Ukraine Facility Plan and the Rule of Law Roadmap, and the approximation of Ukrainian legislation and practice to the EU acquis and relevant European standards.

·       2) Specific objectives

·   Conduct legal, policy and practice-oriented analysis of enforcement of court decisions and insolvency, identifying legal, institutional and implementation gaps and proposing feasible solutions.

·   Review Ukrainian legislation, draft laws, secondary legislation and related regulatory instruments in the relevant fields, including their consistency, practical enforceability and alignment with applicable EU law and European standards.

·   Support the preparation, review and refinement of draft normative acts, explanatory materials, comparative tables and implementation recommendations, as requested by the Project and relevant stakeholders.

·   Provide analytical and technical support for implementation of relevant measures under the Ukraine Facility Plan, the Rule of Law Roadmap and other applicable EU accession commitments.

·   Support approximation of Ukrainian legislation to the EU acquis, including comparative analysis of relevant EU instruments and Member State practices where applicable to the assignment.

·   Support professional self-governance and institutional capacity in the relevant professional communities, including by analysing governance arrangements, developing recommendations and facilitating stakeholder dialogue.

·   Contribute to consultations, working groups, coordination meetings and knowledge-sharing activities involving public authorities, courts, professional bodies and other relevant stakeholders.

·   Prepare clear, evidence-based outputs that support informed decision-making and practical implementation of reforms.

3) Anticipated results

·   Legal and practical gaps in the enforcement and insolvency/bankruptcy frameworks are identified and addressed through actionable recommendations.

·   Draft laws and other normative acts are reviewed and improved with support from legal analysis, comparative research and drafting proposals.

·   Relevant Ukraine Facility Plan and Rule of Law Roadmap measures receive timely analytical and technical support.

·   Recommendations and technical inputs support approximation of Ukrainian legislation to the EU acquis and relevant European standards.

·   Professional self-governance and stakeholder coordination in the relevant fields are supported through analysis, consultations and practical recommendations.

·   The Project and beneficiary institutions receive timely analytical notes, legal opinions, comparative studies, draft provisions and other materials to support evidence-based decision-making.

 Description of the assignment

1) Planned activities

The Experts shall work under the overall supervision of the Senior National Key Expert on Enforcement and Pillar 1 Lead and in close coordination with the Project team, other experts and relevant Ukrainian stakeholders. Tasks will be allocated according to the Experts’ complementary profiles and agreed with the Project. Depending on the assignment, activities may include:

·   Conduct legal and policy analysis of Ukrainian legislation and practice concerning enforcement of court decisions and insolvency, including relevant procedural, institutional and professional-regulation issues.

·   Review laws, draft laws, secondary legislation, internal regulations, strategies and action plans; identify inconsistencies, regulatory gaps, implementation risks and unintended consequences.

·   Prepare written comments, legal opinions, analytical notes, policy briefs, comparative tables, gap analyses and recommendations for improving the relevant legal and institutional frameworks.

·   Contribute to drafting and revising normative acts, including proposed statutory provisions, amendments, explanatory notes and other supporting materials, in consultation with the Project and relevant stakeholders.

·   Assess the practical operation of enforcement and insolvency procedures, including coordination between enforcement proceedings, insolvency proceedings, courts and relevant professionals, and propose measures to improve predictability, effectiveness and safeguards.

·   Conduct comparative legal research on relevant EU acquis, European standards and practices in EU Member States, and translate applicable findings into practical recommendations for the Ukrainian context.

·   Provide analytical and technical support for the implementation, monitoring and reporting of relevant measures under the Ukraine Facility Plan, the Rule of Law Roadmap and other applicable EU accession commitments.

·   Support professional self-governance in relevant fields, including analysis of governance models, professional standards, ethics, disciplinary or accountability arrangements, training needs and stakeholder engagement, as relevant to the assignment.

·   Participate in and support consultations, working groups, coordination meetings and discussions with public authorities, courts, professional bodies, legal practitioners, civil society and other relevant stakeholders.

·   Prepare agendas, presentations, briefing notes, consultation materials, meeting summaries and follow-up recommendations as requested by the Project.

·   Contribute to knowledge-sharing and capacity-development activities, including the preparation of practical materials or presentations on legislative changes, implementation issues and relevant EU standards.

·   Provide ad hoc expert advice on emerging legal and policy issues within the scope of the assignment, subject to the Project’s priorities and agreed timelines.

2) Anticipated deliverables

The precise scope, format, language and deadlines of each deliverable shall be agreed with the Project. Deliverables may be assigned to individual Experts or prepared jointly, as appropriate.

3) Consultation

The Expert shall work under the overall supervision of the Senior National Key Expert on Enforcement and Pillar 1 Lead.

The Expert shall maintain regular communication with the designated Project experts concerning the prioritisation and allocation of analytical and capacity-development tasks; the scope, methodology and expected outputs of expert products; legal questions and factual materials requiring assessment; consultations with stakeholders and other relevant beneficiaries; the submission, review and revision of deliverables; and any circumstances that may affect the quality, timeliness or impartiality of the assignment.

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

4) Implementation period

Start date: January 2027

End date: June 2030

Effective duration of the assignment: 42 months

5) Place of performance

The assignment shall primarily be performed on a home-based basis. Frequent travel to and within Ukraine may be required, upon formal request by Expertise France and subject to applicable security and contractual arrangements.

Participation in meetings, consultations and other Project activities may take place in person or online, subject to prior agreement with the Programme Key Expert.