Background

Purpose

To provide technical expertise in the area of monitoring of fiscal risks arising from litigation proceedings.

Objective

To enhance overall quality of monitoring and managing fiscal risks arising from litigation

Background Information

In the previous decade, the Republic of Serbia faced the realization of numerous risks that seriously jeopardized its fiscal position. The financial crisis and recession have worsened the state of public finances, causing high deficits and accelerated growth of public debt. Some of the sources of growing public debt are to be found in domestic and foreign court decisions unfavourable to the Republic of Serbia and its institutions.

The Republic of Serbia paid in the period 2009-2018 RSD 80.5 billion from the budget based on court decisions. In 2019, RSD 17.6 billion were paid from the budget of the Republic of Serbia on the basis of court decisions, while in the first half of 2020, RSD 17.4 billion were paid from the budget of the Republic of Serbia on that basis. A decision of the European Court of Human Rights obliged the Republic of Serbia to pay the public debt on the basis of unpaid foreign currency savings that citizens of the former republics of SFRY and citizens of the Republic of Serbia deposited with banks based in the Republic of Serbia and their branches in former Yugoslavia. Also, potential obligations may arise from decisions of the Constitutional Court on the basis of submitted constitutional appeals and decisions of the European Court of Human Rights on submitted complaints of employees of former socially-owned enterprises (unpaid salaries, contributions for compulsory social insurance, default interest, costs of proceedings, and claims on commercial transaction).

The Republic of Serbia tends to build further resilience against fiscal risks and reduce the country’s vulnerability to financial and economic shocks. The Ministry of Finance has a leading role in managing fiscal risks. As a key institution for medium-term macroeconomic and fiscal planning, budget formulation and management, the Ministry of Finance must also play a leading role in establishing the institutional and legal structure and building the capacity necessary to manage fiscal risks. Therefore, the Ministry of Finance (supported by the World Bank) is currently working on strengthening legislation and institutions to better manage fiscal risks. Therefore, a new methodology related to monitoring of fiscal risks arising from litigation is expected to be developed by mid-October 2021.

Therefore, for the implementation of such a methodology, it is necessary to develop a legal framework (bylaw and accompanying rulebooks).

Duties and Responsibilities

Scope of work

1. To assess the methodology (developed in collaboration with the World Bank) from legal perspective;
2. To provide a bylaw and accompanying rulebooks in accordance with the methodology and relevant laws and regulations in the Republic of Serbia;
3. To cooperate closely with Ministry of Finance.

Deliverables and timelines

The consultant is responsible for the following deliverables:

All deliverables will have to be submitted electronically in Serbian language and quality reviewed and approved or accepted by the Technical Advisor – Organizational Restructuring and Delivery Unit Coordinator.

Competencies

• Consistently ensures timeliness and quality of project work;
• Demonstrates strong oral and written communication skills;
• Evidence of ability to express ideas clearly; to work independently and in teams;
• Ability to summarize and systematize complex information and identify priorities for follow up activities;
• Shares knowledge and experience;
• Focuses on results and responds positively to feedback;
• Excellent organizational and communication skills;
• Full computer literacy.

Required Skills and Experience

Education:

• BA degree in Law;

Work experience:

• 8 years of relevant working experience in providing legal advisory services;
• Experience in the litigation and liaison with the State Attorney’s Office or City Attorney’s Office.

Language:

• Excellent speaking and writing skills in Serbian and English language.

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS.

Application Procedure:

Qualified and interested candidates are asked to submit their applications via UNDP Web site: UNDP in Serbia under section “Jobs” no later than 20 October 2021.

Application should include: 

• CV in English language containing date of birth, contact information (home address, phone number, e-mail) and timeline of work experience (including description of duties).  
• Offeror’s Letter (only PDF format will be accepted) confirming Interest and availability for the Individual Contractor (IC) Assignment. Can be downloaded from the following link: https://www.undp.org.rs/download/ic/Confirmation.docx. The Offeror’s Letter shall include financial proposal specifying a total lump sum amount for the tasks specified in this announcement with a breakdown of costs.

In order to apply please merge above listed documents into a single PDF file. The system does not allow for more than one attachment to be uploaded.

Note: The shortlisted candidates may be asked to provide copies of diplomas and any other certificates providing evidence of their education and experience in relevant fields.

 Any request for clarification must be sent by standard electronic communication to the e-mail vacancy.rs@undp.org. The procuring UNDP entity will respond by standard electronic mail and will send response, including an explanation of the query without identifying the source of inquiry, to all consultants.

Financial Proposal

Travel

This is home-based engagement therefore no travel envisaged under this Terms of Reference.

Evaluation

Additional Information:

• Individual Contract (IC) will be applicable for individual consultants applying in their own capacity.  If the applicant is employed by any legal entity, IC would be issued upon submission of Consent letter from the employer acknowledging the engagement with UNDP. Template of General Conditions on IC could be found on: https://rs.undp.org/content/dam/serbia/downloads/General%20Conditions%20for%20Individual%20Contracts.pdf
• Reimbursable Loan Agreement (RLA) will be applicable for applicants employed by any legal entity. Template of RLA with General Terms and Conditions could be found on: http://www.undp.org.rs/download/RLA%20with%20General%20Terms%20and%20Conditions.doc. In the case of engagement of Civil servants under IC contract modality a no-objection letter should be provided by the Government entity. The ‘no-objection’ letter must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status (if applicable), and include any conditions and restrictions on granting such permission, if any. If the previous is not applicable ‘leave-without-pay’ confirmation should be submitted.

Engagement of Government Officials and Employees

• Government Officials or Employees are civil servants of UN Member States.  As such, if they will be engaged by UNDP under an IC which they will be signing in their individual capacity (i.e., engagement is not done through RLA signed by their Government employer), the following conditions must be met prior to the award of contract:

(i)       A “No-objection” letter in respect of the individual is received from the Government employing him/her, and;

(ii)     The individual must provide an official documentation from his/her employer formally certifying his or her status as being on “official leave without pay” for the duration of the IC.

• The above requirements are also applicable to Government-owned and controlled enterprises and well as other semi/partially or fully owned Government entities, whether or not the Government ownership is of majority or minority status.  

UNDP recognizes the possibility that there are situations when the Government entity employing the individual that UNDP wishes to engage is one that allows its employees to receive external short-term consultancy assignments (including but not limited to research institutions, state-owned colleges/universities, etc.), whereby a status of “on-leave-without-pay” is not required.  Under such circumstance, the individual entering into an IC with UNDP must still provide a “No-objection” letter from the Government employing him/her.  The “no objection” letter required under (i) above must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status, and include any conditions and restrictions on granting such permission, if any.  The said document may be obtained by, and put on record of, UNDP, in lieu of the document (ii) listed above.