Legal Expert at the Ministry of Foreign Affairs of Ukraine (Consultant)

Project Context and Scope Category А Under the overall supervision of the IOM Chief of Mission and the direct supervision of the Senior Programme Manager (MBG), and in close coordination with the MBG Senior Project Specialist (Legal), the Consultant will work in close cooperation with the MFA Chief Digital Transformation Officer (CDTO) Office and MFA Department for Consular Services (DCS). Considering the lack of capacity in MFA, the Consultant will provide support in conducting professional legal gap analysis and delivering recommendations on the necessary legal changes to support the provision of the legal basis regulating the functioning of the ITC solutions (e.g. modernized E-consul). It is expected that after MFA endorses recommendations, the Consultant will support legal drafting. 
One of the specific objectives of the EU-funded IOM-implemented project “EU Support to Strengthening IBM in Ukraine (EU for Solidarity Lanes and IBM - EU4SLIBM), within which the Consultant will operate, is to enhance the resilience and business continuity of Ukrainian IBM actors, including the Ministry of Foreign Affairs (MFA), and their preparation for EU integration through continued technical and policy development support.    The Consultant’s successful execution of tasks under the project will contribute to the improvement of the national legislation regulating the functioning of selected MFA ICT solutions and, in general, contribute to the alignment of Ukrainian legislation with the EU acquis.   Continued IBM advancements by Ukrainian migration and border authorities are implemented in line with EU standards and international good practices to better address new challenges in the context of the Russian war against Ukraine and support Ukraine’s path to EU integration and Schengen preparation. The interventions within the project will essentially help implement priority digitalization steps to modernize, improve and protect the information and communication systems of the MFA which will lead to the provision of better-quality consular services in line with the overall vision of MFA digital transformation. The precondition for full-capacity functioning of modernized ITC solutions is the availability of adopted legislation regulating operation of the implemented solutions.   IOM Project to which the consultancy is contributing: “EU Support to Strengthening IBM in Ukraine (EU for Solidarity Lanes and IBM - EU4SLIBM).   Organizational Department / Unit to which the Consultant is contributing MBG Unit Tasks to be performed under this contract

Category A Consultancy 

• Analyse the ToRs, technical specifications of modernized e-Consul ITC solution and if necessary of other MFA-run ITC solutions, falling under the scope of EU4SLIBM project, in light of the conformity of the issues significant for legal settlement (status of the system, functions, tasks, interoperability with other systems/sub-systems/databases, data exchange with other systems/sub-systems/databases, structure, data protection rules applied, etc.) with the legislation in force (legal gap analysis). Should non-conformity or other legal gaps be identified, formulate recommendations regarding necessary amendments to the legal and regulatory framework.
• Endorse legal recommendations with the IOM project legal team, and present those to the relevant MFA DCS staff, and the MFA CDTO office. 
• If required, develop relevant legal drafts aimed at establishing an adequate legal basis for the ITC solutions. Coordinate such activities with the IOM project legal team, relevant MFA DCS staff, and MFA CDTO office.
• Draft procedures for processing personal data by ITC solutions. 
• Prepare monthly progress reports on performed activities and share those with the IOM project legal team.
• Perform such other duties as may be assigned.   Performance indicators for the evaluation of results
  • Written legal gap analysis reports of the conformity of the issues significant for legal settlement specified in the ToRs, technical specifications of the e-Consul ITC solution and other ITC solutions for MFA (status of the system, functions, tasks, interoperability with other systems/sub-systems/databases, data exchange with other systems/sub-systems/databases, structure, data protection rules applied, etc.) with the legislation in force; 
  • Recommendations regarding necessary amendments to the legal and regulatory framework to ensure conformity of the ITC solutions are formulated, presented to MFA and endorsed by IOM;
  • Draft normative acts on modernized or newly developed ITC solutions (ITC systems/databases/sub-systems), falling under the scope of EU4SLIBM are developed;
  • Draft procedures for processing personal data by ITC solutions are developed;
  • Legal drafts are presented and discussed with MFA, endorsed by IOM;
  • Monthly progress reports are submitted to IOM. Education
    • Advanced Degree in Law with at least five years of experience. Experience
      • Practical experience in drafting of laws and bylaws (regulations) supporting the provision of the legal basis for government-owned databases, ITC systems, and ITC solutions. 
      • Experience of work as a lawyer responsible for legal drafting of regulations on ITC systems, databases, ITC solutions in the government sector is desirable.  Skills
        • Knowledge of the latest trends in legal drafting for government-owned ITC systems and ITC solutions.
        • Knowledge of the process of the adoption of national legislation. Languages
          • Fluency in Ukrainian. Working knowledge of English. IOM’s official languages are English, French and Spanish. Proficiency of language(s) required will be specifically evaluated during the selection process, which may include written and/or oral assessments.   Travel required
            • Travel might be required on the request. No frequent travel is necessary. Required Competencies   IOM’s competency framework can be found at this link. Competencies will be assessed during the selection process.   Values - all IOM staff members must abide by and demonstrate these three values:
            • Inclusion and respect for diversity: Respects and promotes individual and cultural differences. Encourages diversity and inclusion.
          • Integrity and transparency: Maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
        • Professionalism: Demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.
      • Courage: Demonstrates willingness to take a stand on issues of importance.
    • Empathy: Shows compassion for others, makes people feel safe, respected and fairly treated. Core Competencies – behavioural indicators
    • Teamwork: Develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
  • Delivering results: Produces and delivers quality results in a service-oriented and timely manner. Is action oriented and committed to achieving agreed outcomes.
• Managing and sharing knowledge: Continuously seeks to learn, share knowledge and innovate.