Law enforcement and legal expert consultant

Result of ServiceDeliverables/outputs 1 Matrix of the functions, the mandates and the capacities of the national law enforcement agencies in relation of the implementation of the amendments on criminalisation of smuggling and analysis of current law enforcement cooperation mechanisms 2 List of gaps and the available compensatory mechanisms and tools 3 Suggestions on potential ways to address the gaps as per relevant international and EU legal requirements and standards 4 Contributions to the road map for the effective implementation of the mentioned amendments as per relevant EU legal requirements and standards Work LocationHome based with occasional travel to Ukraine Expected duration22 April - 22 May 24 Duties and ResponsibilitiesOn December 9, 2023, the Verkhovna Rada of Ukraine adopted the amendments to a law №5420 on criminalization of goods smuggling. The draft law №5420 \"On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on Criminalization of Smuggling of Goods and Excisable Goods, as well as False Declaration of Goods \" introduces criminal liability for smuggling of goods in significant and large amounts, as well as for false declaration of goods. The law was adopted with changes and amendments in accordance with the letters of the Ministry of Finance, with inputs from the business community, namely: • limit for criminal liability for goods smuggling was increased to UAH 6 million (by 5 times); • limit for criminal liability for smuggling of excisable goods was raised up to UAH 1.3 million (by 2 times); • obligatory specifying the intentional form of guilt, which is the only way to qualify actions as a crime • significantly limited possible cases of criminal liability for submitting documents with false information (in the amended version, such documents must be the basis for the movement of goods and the subject to mandatory declaration). Criminal liability will be introduced in stages: liability for smuggling of excisable goods may be applied from January 1, 2024, and for all other goods - from July 1, 2024.The criminalization of all types of smuggling has for a long time been under the spotlight of the international community as well as the European Union and is one of the benchmarks in the process of the Ukraine’s integration to the EU. While the amended legislative framework now provides for the sufficient basis for the prosecution of all types of smuggling, the mandates of the relevant law enforcement agencies of Ukraine are not fully equipped to conduct full-fledged investigative operational activities in relation to some types of smuggle. In addition, some of those agencies have never been designed, equipped or trained to conduct investigations. To support Ukrainian authorities to fully implement the recent legal amendments on the criminalization of smuggling, the UNODC Programme Office in Ukraine will undertake an assessment/mapping on identifying the legal, institutional and capacity gaps in the law enforcement system to identify gaps and overlaps to fully implement the recently amended laws. As a result, the mapping/assessment report with the recommendations will be drafted and provided to the donors and the beneficiaries. An international consultant with expertise in international law, particularly EU legal frameworks, standards and best practices on investigation, prosecution and adjudication on trafficking and smuggling crimes is needed to work with a national expert to undertake an analysis to identify the Ukrainian law enforcement institutional framework, laws, policies, overlaps, gaps and weaknesses in the mandate for the key law enforcement agencies as per major types of organised crime including the new law that criminalizes smuggling. In addition, the interagency data exchange and cooperation mechanisms will be reviewed and the recommendations on their enhancement provided. UNODC undertakes the mapping of the changes in the mandates and functions of the relevant law enforcement agencies of Ukraine with the objective to identify the institutional capacities for their implementation, potential gaps and the recommendations on addressing them. The tasks to be completed by the expert within this assignment are the following: 1. identify the major types of crime for the review (including transnational organised crime, smuggling financial crime, cybercrimes, etc.). 2. Contribute to the development (in close coordination with the National legal expert) of the matrix of the functions, the mandates and the capacities of the national law enforcement agencies in relation of the implementation of the amendments on criminalisation of smuggling. 3. Contribute to the identification of the gaps and the available compensatory mechanisms and tools. 4. Identification of the potential ways to address them as per relevant international and EU legal requirements and standards. 5. Development of the road map for the effective implementation of the mentioned amendments as per relevant EU legal requirements and standards. 6. Develop the mapping and analysis of current law enforcement cooperation mechanisms with clear time bound recommendations on their enhancement. Qualifications/special skillsAn advanced university degree (Master's degree or equivalent) in law is required. A first-level university degree in similar field in combination with two additional years of qualifying professional experience may be accepted in lieu of the advanced university degree. Wotk experience: • At least 10 years of experience relevant to the conduct of legal analysis and the provision of legal advise/assistance to the law enforcement agencies of the EU Member States (MSs) is required • Experience in drafting and supporting the implementation of the laws and legal amendments is required • Excellent up-to-date knowledge of the EU legal framework relevant to the thematic focus of the assignment in Ukraine’s context is required • Demonstrated ability to manage quality and ensure compliance with the international legal framework and EU standards and good practices in previous projects is desirable • Ability to work independently and demonstrate excellent teamwork, coordination and facilitation skills is desirable • Analytical, research, reporting, communication, drafting and presentation skills are desirable LanguagesEnglish and French are the working languages of the United Nations Secretariat. For this position, fluency in English is required. Knowledge of another UN language is an advantage. Additional InformationNot available. No FeeTHE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.