Historique

In 2017 the United Nations Development Programme (UNDP) launched a joint project with the Supreme Court of Turkmenistan entitled “Cooperation in implementation of the NHRAP for 2016-2020 in the area of rule of law and the access to justice”. Current project provides technical support the Supreme Court of Turkmenistan in implementation of its obligations under the Constitution of Turkmenistan, National Human Rights Action plan for 2016-2020 and Sustainable Development Goals that Turkmenistan undertook upon itself in the area of rule of law and access to justice.

The project plans to support justice institutions in providing accessible, affordable, efficient and quality services to resolve citizens complains in accordance to national legislation and international obligations of Turkmenistan. Specifically, the project will work with the pilot district court to develop an electronic system of accepting, handling and tracking of the cases for the government as well as for the benefit of the common population. Although the district courts are trial courts (as opposed to the courts of appeal), the system will also include the module of tracking and handling the appeals. This will be done to ensure the scalability of the system to the national level in the future. In other words, UNDP will promote introduction of this system on the national level. UNDP will engage international and national experts to review the processes that are involved in the submission of the cases to a district court, conduct assessment of how the services to the population in this area can be improved, propose what parts of the processes can be transferred to the e-services format, and develop a detailed Terms of References (TOR) describing how it should be done (stages and actions) and what is needed for that (equipment, software, etc.) including indicative budget. After that UNDP will engage experts to develop (adapt existing), install necessary software and provide training to the employees of the court on how to operate the system.

Devoirs et responsabilités

In accordance with the overall objective of the project and under the supervision of the Project Manager, International Consultant will review the processes involved in submission of the cases to the trial courts, conduct assessment of how the services to the population in this area can be improved, propose what parts of the processes can be transferred to the e-services format and develop detailed TOR describing how it should be done (stages and actions) and what is needed for that (equipment, software, etc.) including indicative budget. The assignment will consist of a detailed review of the current legal processes and framework pertaining to the legal structure of the district court in Turkmenistan and well as carrying out technical consultations and meetings with the staff of the district court and the Working Group for integration of the e-services in courts. The TOR shall have needs assessment in terms of equipment and software as well as the budget needed. The developed TOR will serve as basis for further activities within the project.

Therefore, UNDP is looking for a consultant to provide high-level technical expertise for this assignment.

In line with the above-mentioned objective of the assignment and under the supervision of the Project Manager and Project Specialist, the International Consultant (IC) will have the objective of development of a detailed methodology to review the current legal process of civil cases and framework of the courts prepare a list of recommendations based on the review. To achieve the objective, he or she will work together with the Project Manager and national consultant to produce the following:

1. Study of the national legislation: Law on Court System” (2014), Criminal Code, and Civil Procedure Code (2009);
2. Conduct an in-depth study of the current civil cases process of the legal framework, from the initial stage of submission of a claim to the trial courts till the latter stage of disposal of the case and the mechanism of how such legal processing of a case works, from stage to stage;
3. Hold interviews, technical consultations with representatives of the Supreme Court and district Court; conducted 1 Round-table with the Working Group on e-court;
4. Conduct a SWAT Analysis of the process and architecture of the legal framework that is currently functioning in Turkmenistan and prepare a situational analysis report as well as “needs assessment” report;
5. Prepare a detailed plan of legal process, starting from the submission of the claim till the pronouncement of judgment or disposal of the case (taking into account appeal to the judgment, if there is any);
6. Prepare recommendations on how such a plan involving the processing of a case from the trial courts to the higher courts, can be integrated into an electronically based e-court system;
7. Prepare a list of challenges or obstacles that may be faced when integrating the current existing legal process while dealing with a case into an electronically functioning e-court system;
8. Prepare reasonable solutions to such challenges or ways to adapt to such obstacles;
9. Review the roles and skills of the staff currently employed within the legal system and Courts as well as to recommend trainings if there is need for it;
10. Prepare TOR for the composition and structure of the software platform that should be used in the court with functional requirements, ‘to-be’ process and the budget.

Deliverables and timeframe:

Deliverable 1:

• 5-day mission to Ashgabat; conducted interviews, technical consultations with representatives of the Supreme Court and district Court; conducted 1 Round-table with the Working Group on e-court;
• Detailed report on the mission;

Number of days: 15, Location: 10 days home-based, 5 days mission to Ashgabat.

Deliverable 2:

Assessment report which includes:

• SWAT Analysis of the process and architecture of the legal framework that is currently functioning in Turkmenistan and prepare a situational analysis report as well as “needs assessment”;
• A detailed plan of such legal process, starting from the submission of the claim till the pronouncement of judgment or disposal of the case (taking into account appeal to the judgment, if there is any;
• Prepare TOR for the composition and structure of the software platform that should be used in the court with functional requirements, ‘to-be’ process and the budget;
• Recommendations on how such a plan involving the processing of a case from the trial courts to the higher courts, can be integrated into an electronically based e-court system;
• Review the roles and skills of the staff currently employed within the district Court as well as to recommend trainings if there is need for it;  
• A list of challenges or obstacles that may be faced when integrating the current existing legal process while dealing with a case into an electronically functioning e-court system, and reasonable solutions to such challenges or ways to adapt to such obstacles;
• TOR for the composition and structure of the software platform that should be used in the court with functional requirements, ‘to-be’ process and the budget;
• Final consultancy report on results achived.

Location: home based. Number of days: 10.

Payment Conditions:

This is an installment-based contract that should cover the costs of consultancy required to produce the above deliverables. The final schedule of payments will be agreed upon in the beginning of consultancy. Payment will be released in two installments: 1st installment: 50% (for deliverable 1) and 2nd installment 50% (for deliverables 2) – upon timely submission of respective deliverables and their acceptance by UNDP Turkmenistan.

Compétences

Corporate Competencies:

• Demonstrates integrity by modeling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favoritism;
• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional Competencies:

• Knowledge of and extensive experience working in ICT, software development and web-based management systems;
• In depth knowledge of ICT, concept of electronic dominations flow and e-services;
• Excellent communication skills;
• Results driven, ability to work under pressure and to meet required deadlines;
• Good understanding and practice of capacity development;
• Cultural sensitivity;
• Diplomatic skills.

Qualifications et expériences requises

Education:

• University degree in one of the following areas, such as ICT, telecommunications, or related field is required.

Experience:

• At least 7 years of working experience in related field;
• Experience in software development and in-handling of web-based management system, electronic documentation flow;
• Knowledge and experience of work in the e-services;
• Good knowledge of the UN mandate in the area of democratic governance is an asset.

Language requirements:

• Fluency in Russian; English - working level.

Submission of applications:

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

Technical Proposal:

All experts applying for this position are required to provide:

• Brief (1-2 pages) description of the methodology for the assignment;
• Financial Proposal with the references to (1) the daily rate for the assignment and within the timing scale indicated in the present TOR, and (2) any other expenses (including transportation costs, accommodation costs, the possibility of vaccination and etc.); Template of the form can be found at: http://www.tm.undp.org/content/turkmenistan/en/home/operations/jobs;
• Cover letter explaining why they are the most suitable candidate for the assignment;
• Filled P11 form including past experience in similar projects and contact details of referees (blank form can be downloaded from http://europeandcis.undp.org/files/hrforms/P11_modified_for_SCs_and_ICs.doc; please upload the P11 instead of your CV.

Financial Proposal:

The UNDP will enter into an Individual Contract based on a lump sum amounts. The financial proposal shall represent a detailed, justified and “all inclusive” amount.  In order to assist UNDP in the comparison of financial proposals, the financial proposal shall include a breakdown of this lump sum amount, including:

• a daily fee for the tasks and an estimated duration as specified in this announcement;
• travel (to and from the missions);
• per diems;
• any other possible costs (including vaccinations, dwelling, communication etc.).

Evaluation of proposals:

Individual Consultants will be evaluated based on combined scoring methodology:

When using this method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

• Responsive/ compliant, and
• Having received the highest score – out of 100 points.

Out of the maximum score, the score for technical criteria equals 70% - maximum 100 points, and for financial criteria 30%.

Technical evaluation will take into account the following as per the scoring provided:

• Education in ICT, telecommunications, or related field – 15 pts;
• Relevant working experience in ICT of at least 7 years – 20 pts;
• Knowledge and experience of work in the e-services; – 15 pts;
• Methodology – 20 pt;
• Good knowledge of the UN mandate in the area of democratic governance – 5 pts;
• Fluency in Russian – 15 pts;
• Working level of English – 10 pts.

Additional requirements for recommended contractor:

Recommended contractors aged 62 and older, and if the travel is required, shall undergo a full medical examination including x-ray, and obtain medical clearance from the UN-approved doctor prior to taking up their assignment. The medical examination is to be cleared by the UN physicians, and shall be paid by the consultant.