TERMS OF REFERENCE for Legal expert. Enhancing democratic rule of law to promote peace and stability in Kyrgyz Republic Short title of Assignment:

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1 TOR approved by Ms. Jyldyz Moldokulova, UNDP National PMU Manager Signature TOR approved by Ms. Ainura Kaparova, acting DG Dimension Chief Signature Annex 1 TERMS OF REFERENCE for Legal expert Project Name Enhancing democratic rule of law to promote peace and stability in Kyrgyz Republic Short title of Assignment: Legal expert Contract Type: Individual Contract Duty station: Bishkek with travels to regions of the Kyrgyz Republic Duration of Contract: 145 working days (May 2016 November 2016) BACKGROUND UNDP project Enhancing democratic rule of law to promote peace and stability in the Kyrgyz Republic is a result of a development of the central component of the UNDP Kyrgyzstan s multi-year programming framework Enhancing Democratic Rule of Law (RoL) and Preventing Conflict in Kyrgyzstan. This programming framework developed in 2012 has prioritized assistance for developing adequate capacity for the implementation and enforcement of laws. The project aims to develop capacity of the Government of the Kyrgyz Republic for strategic planning and implementation of core legislation in the justice sector to strengthen democratic institutions and economic growth in support of realization of the new constitutional framework. Kyrgyzstan s transition to a Parliamentary form of government with the adoption of a new advanced Constitution in 2010, has given the spur to a vast set of reforms in the Rule of Law area in the understanding that a weak judicial system had been the cause for the revolutions of 2005 and Owing to structural problems in the lack of implementation of the adopted reforms, the President s office has taken the leadership in coordinating the different stakeholders in support of the National Sustainable Development Strategy The current project aims at ensuring the creation of implementation plans for core judicial legislation and enabling effective communication between all relevant stakeholders with active involvement of civil society actors in a monitoring role. Programme support will be flexible in order address the needs and timeline of the process of implementation planning and review of implementation of legislation. The lack of capacity to strategically plan reform initiatives and to analyse and evaluate planned policy interventions have added a further dimension of difficulty to an already difficult reform environment. This high state of fragmentation prompted donors to request from the government of the Kyrgyz Republic to develop a comprehensive Justice System Reform Implementation plan covering the entire country, which would serve as a catalyst for further developing and strengthening the on-going Rule of Law reform. Through its proactive role, the Presidency Office finalised the process of drafting set of laws within judicial reform: Criminal Code, Criminal Procedural Code, Code on Misdemeanours, Criminal Executive Code, Civil Procedural Code, Administrative- Procedural Code, Law On Enforcement Proceedings and Status of Judges in the Kyrgyz Republic and Law On State guaranteed legal aid. Currently, the aforementioned package of laws adopted by Parliament in the first reading. In order to ensure smooth delivery of reform process, the developed implementations plans initiated by established Coordination council needs to be launched appropriately. In this regard, UNDP in Kyrgyzstan intends to hire a legal expert to support the process of proper implementation of laws on judicial reform. She/he will provide overall guidance to project team including, but not limited to promoting finalization of implementation plans, assisting Secretariat of coordination council in delivery of reform and advising it on pertaining legal issues.

2 OBJECTIVE Ensure proper delivery of implementation plans from legal perspective. Assist the Secretariat of Coordination Council in monitoring the current phase of judicial reform and progress achieved. Ensure timely delivery of trainings on new law as well as development of relevant guidelines and administrative acts. SCOPE OF WORK Under the direct supervision of the Rule of Law Programme Adviser, DG Dimension Chief and Chief Technical Adviser on the Rule of Law, the legal expert will perform the following tasks: 1) Assist in the organization and launch of a series of Parliamentary hearings on the 9 draft laws within the ongoing judiciary-legal reform process. The laws include the new editions of the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on Guaranteed State Legal Aid, law on improving the accountability of judges, law on executive procedures, in close cooperation with the Parliamentary Committee on Judiciary-legal issues and international partners (UNODC, Soros Foundation Kyrgyzstan, UNHCHR, OSCE, EU, GIZ); 2) Provide expert advice to carry out mandatory expertise (human rights, legal, anti-corruption, gender) on the second package of draft laws on judicial-legal reform process. The second package of draft laws include the Code of Offences, Law on Amnesty, Law on Probation, Law on the Registration of Crimes; 3) Provide expert support to key national stakeholders in the preparation of vacatio legis (enactment law) for at least 7 draft laws within the ongoing judicial-legal reform process. The laws include the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures; 4) Provide expert advice in finalizing the implementation plans for a package of 7 draft laws within the judicial-legal reform process, in close cooperation with the Government s Office and expert-working groups. There are 4 expert working groups working on the development of the implementation plans for the following set of laws: the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures; 5) Organize, facilitate, moderate public platform on the presentation of draft implementation plans for a package of 7 laws: the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures (develop agenda, form the list of participants, deliver in-depth presentation of draft implementation plans); 6) Provide expert advice in accompanying the adoption process of the package of 9 draft laws within the judicial-legal reform process by the national Parliament. The laws include the new editions of the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on Guaranteed State Legal Aid, law on improving the accountability of judges, law on executive procedures, in close cooperation with the Parliamentary Committee on Judiciary-legal issues and international partners (UNODC, Soros Foundation Kyrgyzstan, UNHCR, GIZ); 7) Provide expert legal advice in accompanying the adoption process of the financial assessment methodology for assessing the cost of the laws by the Government s office and the Ministry of Finance; Assist the working group to introduce necessary changes to normative-legal acts to implement the financial assessment methodology; 8) Organize, facilitate at least 2 trainings (1 in Bishkek and 1 at the regional level) to legal specialists of

3 various state agencies on enhancing their potential to carry out high quality legal expertise, in line with national standards (develop agenda, form the list of participants, deliver presentation on the proper mechanisms to carry out legal expertise to various laws and normative-legal acts); 9) Organize, facilitate at least 3 specialized trainings to law enforcement officials (1 in Bishkek and 2 in regional level) on the draft laws within the judicial-legal reform process, in close cooperation with the Government s Office and expert-working groups. The laws include the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures; 10) Provide expert-legal advice to the project Communication specialist in drafting at least 6 articles on the novelties within the suggested package of draft laws. Assist him/her in drafting at least 2 concepts for TV discussions on the judicial-legal related issues. FINAL DELIVERABLES At least 2 Parliamentary hearings PRODUCTS on the 9 draft laws within the DEADLINE PAYMET judiciary-legal process are organized and launched; STRUCTUR E Progress report on the provision of expert advice and mandatory expertise (human rights, legal, anti-corruption, gender) on the second package of draft laws within the judiciary-legal reform process submitted and approved by Certifying Officer. 1 month after 15% At least 7 vacatio legis (enactment law) for draft laws within the judicial-legal reform process (include the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures) prepared and submitted for review and approval by Certifying Officer; At least 1 training (in Bishkek) to legal specialists of various state institutions with a view of strengthening their potential to carry out high quality legal expertise, in line with relevant national and international standards is organized and conducted. Meetings and discussions with Government s Office and expert working groups are held and a package of 7 draft laws within the judiciary-legal reform process are finalized; At least 1 training (at the regional level) to legal specialists of various state institutions with a view of strengthening their potential to carry out high quality legal expertise, in line with relevant national and international standards is organized and conducted. At least 3 public platforms on the presentation of draft implementation plans for a package of 7 laws: the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on 2 month after 3 month after 4 month after 10% 10% 10%

4 executive procedures with a participation of experts, civil society activists, government representatives are organized; 1 specialized training (in Bishkek) to law enforcement officials on the draft laws within the judiciary-legal reform process in close collaboration with Government s Office and expert-working groups is organized. Meetings and discussions with Government s Office are held and 9 draft laws within the judiciary-legal reform process (include the new editions of the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on Guaranteed State Legal Aid, law on improving the accountability of judges, law on executive procedures) in close cooperation with the Parliamentary Committee on Judiciary-legal issues and international partners are prepared for adoption process; At least 2 trainings (at the regional level) for enforcement officials within the judiciary-legal reform process, in close collaboration with Government s Office and expert-working groups are organized. Meetings and discussions with WGs are held and review of necessary normative legal acts to ensure the implementation of the financial methodology is provided to and prepared for adoption process by Government; Communication specialist drafted at least 3 articles on the novelties within the package of draft laws with support of IC; ; Concept for 1 TV discussion on judiciary-legal reform process is drafted and submitted for further approval by UNDP PMU. Communication specialist drafted at least 3 articles on the novelties within the package of draft laws with support of IC; ; Concept for 1 TV discussion on judiciary-legal reform process is drafted and submitted for further approval. Final report on the progress achieved. 5 month after 6 month after 7 month after 20% 15% 20% REPORTING REQUIREMENTS Legal expert shall submit progressive and final reports based on the results achieved according to set deadlines in agreed format stated all actions taken during the assignment to be approved by Rule of Law Programme Adviser, which will serve as a justification for the payments. The certifying officer is RoL Programme Adviser. Contracts based on lump-sum SCOPE OF PRICE PROPOSAL AND SCHEDULE OF PAYMENTS

5 Lump sum contracts The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables. 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 will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days). Payments are subject to submission of reports/deliverables duly approved by Rule of Law Programme Adviser, which shall serve as the basis for the payment of services. Preferred Currency of Offer: United States Dollars (US$) For local contractors in Kyrgyzstan UNDP shall effect payment in Kyrgyz som based on the prevailing UN operational rate of exchange on the month of payment. The prevailing UN operational rate of exchange is available for public from the following link: QUALIFICATION REQUIREMENTS Master degree or equivalent in Law; Minimum 5 years of work experience in the area of rule of law/human rights including minimum 2 years of practical experience in conducting analysis and expertise of draft laws ; Minimum 1 year of work experience with international organizations and high-level government officials; Language skills: fluency in Kyrgyz and Russian. Knowledge of English will be an asset. Statement of Medical Fitness for Work ADDITIONAL REQUIREMENTS FOR RECOMMENDED CONTRACTORS Individual Consultants/Contractors whose assignments require travel and who are over 62 years of age are required, at their own cost, to undergo a full medical examination including x-rays and obtaining medical clearance from an UN - approved doctor prior to taking up their assignment. Where there is no UN office nor a UN Medical Doctor present in the location of the Individual Contractor prior to commencing the travel, either for repatriation or duty travel, the Individual Contractor may choose his/her own preferred physician to obtain the required medical clearance. Inoculations/Vaccinations Individual Consultants/Contractors are required to have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. The cost of required vaccinations/inoculations, when foreseeable, must be included in the financial proposal. Any unforeseeable vaccination/inoculation cost will be reimbursed by UNDP. SECURITY CLEARANCE The Consultant/Contractor will be requested to undertake the Basic Security in the Field II (BSIF-II) training and Advanced Security in the Field (ASIF) training. These requirements apply for all Consultants, attracted individually or through the Employer.

6 TRAVEL REQUIREMENTS 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. Please be guided by the following information when preparing your financial proposal: 3 visits to Osh region 2 days (1 overnight)*each visit = 6 days; 3 visits to Issyk-Kul region 2 days (1 overnight)*each visit = 6 days; 3 visits to Chui region 2 days (1 overnight)*each visit = 6 days; UNDP will provide the Expert with the following: UNDP INPUT Access to UNDP premises; Desk, Computer, access to network, internet & printing/copying communication equipment.