The Consultant will be responsible for providing the
following deliverables.
DELIVERABLE
1:
Analysis of the current state of play on observation and implementation of the
Code, for the period May 2017 – May 2019, including a set of recommendations on
prosecutorial ethics and proposed amendments to the Code.
This activity
will be delivered in coordination with relevant stakeholders (the PGO, QDCP,
Council of Prosecutors and the NPAU), EUAM, as well as representatives of NGOs
providing oversight of prosecutorial reform.
Content
The Consultant
will support the international consultant in development of a comprehensive analytical report on
the state of implementation of ethical rules for prosecutors, together with
recommendations for improvement and a list of feasible, actionable, realistic
and measurable recommendations for the different actors (Verkhovna Rada of
Ukraine, All-Ukrainian Conference of Prosecutors, the PGO, regional and local
PPOs, NPAU).
Specifically,
he/she will contribute by providing to the international expert knowledge of
the Ukrainian context by:
1) Analysing
national legislation and regulations on ethics and conduct of prosecutors and
of applicability in Ukrainian context of recommendations proposed by the
international expert, based on international standards in the area of
prosecutorial ethics;
2) Analysing the
Code and key ethical principles for prosecutors (current Ukrainian Code and
principles as compared to the international practices). Evaluation of
amendments to the Code proposed by different stakeholders in the lead-up to the
recent All-Ukrainian Conference of Prosecutors (20-21 December 2018).
3) Providing to
the international consultant feedback on applicability of international
practices of official interpretation of the rules of prosecutorial ethics for
prosecutors as well as for other legal professionals (judges, prosecutors and
defence counsels) and on measures required to introduce similar mechanism in
regards to prosecutors in Ukraine;
4) Presenting to
the international expert, for the analysis, the existing practice in Ukraine of
the enforcement of disciplinary responsibility against prosecutors for
non-compliance with ethical provisions based on case studies of all instances
of the justice system, including the High Council of Justice and appellate
instances with specific focus on:
4.1 Case-law of the QDCP with regard to
breaches of prosecutorial ethics during service and out-of-office activity;
4.2 Case law of appealing decisions of the
QDCP by complainants, including cases where the QDCP failed to authorise such
appeal;
4.3. Assessment of such definitions as
‘systematic or single grave breach of rules of prosecutorial ethics’ as defined
in Article 43 of the Law of Ukraine ‘On PPO’, delineation and practical
implementation of these terms.
This should be
accompanied with a comparison of Ukrainian and international practices
concerning the liability of prosecutors for violation of ethical rules;
5) Providing to
the international consultant information on available training programmes (both
initial and advanced) on ethics available for prosecutors in Ukraine, and
provide feedback to the recommendations of the international consultant on
his/her recommendations on the most effective approaches which would allow the
NPAU to become the platform to deliver regular training on ethics, using its in-house
capacity and different modes of training, including online and face-to-face
delivery (in regional and local PPOs). The Consultant will be expected to
analyse the following:
- curricula and
structure of the current courses/modules/lectures on ethics;
- capacities and
gaps of the NPAU to deliver relevant training on ethics in-house, online and in
the field (in regional and local PPOs);
- current
percentage of prosecutors who receive training on ethics and how the knowledge
is applied in practice;
6) Analysing
existing guidelines, handbooks, booklets on the Code. Supporting the
international consultant in the development of illustrative guidelines for the
Code as recommended by the GRECO Fourth Evaluation Report[1];
7) Analysing
correlation of ethical requirements for prosecutors with other legal
professionals (e.g. behaviour in social networks) in the context of the
initiative to develop a single common Code of Ethics for all legal
professionals (prosecutors, judges, defence counsels)[2].
Providing comments to the recommendations from the international expert on
development of cross-cutting standards and principles for conduct of legal
professionals during court trials as well as those indirectly related to their
professional activity (scientific and research activity, communication on the
Internet).
Initially, the
draft report will be shared with the above-mentioned stakeholders and finalized
by the consultants based on comments received.
The Consultant,
jointly with international consultant, will present the report at a round-table
organized by the PRAVO Police project.
DELIVERABLE 2: Development of a train-the-trainers course
aimed at promoting the implementation of the Code and related training
materials
Content
The objective of
the assignment is to train a pool of trainers on prosecutorial ethics who will
conduct follow-up training and transfer received knowledge to prosecutors at
both national and regional level. This activity will be informed by the results
of the assessment of available training courses (see Deliverable 1) and
delivered in coordination with the NPAU and in consultation with the PGO, QDCP,
Council of Prosecutors and EUAM.
Under leadership
of the international consultant, the Consultant will be expected to contribute
to development and deliver the train-the-trainers course; specific tasks will
be to:
1) Contribute to
producing the structure and outline of the train-the-trainers course. The
content will cover the fundamentals of prosecutorial ethics and practical
aspects of implementation of the Code, supported by examples and practical
exercises. The following aspects should be covered in the course: impartiality
and neutrality, integrity, transparency, non-discrimination, respect of human
rights, conflict of interest, relations with other actors in the criminal
justice chain (LEAs, justices, defense counsels); observing discretion and
reserve, liability of prosecutors for violation of ethical rules. The course
should also cover the basics of group learning and facilitation techniques for
the teaching of ethics to the trainees both with and without experience of
teaching (that is, both for the lecturers of the NPAU, and for
prosecutor-practitioners). The structure and the outline shall be approved by
the PRAVO Police project and endorsed by the NPAU;
2) As requested
by international consultant, contribute to producing detailed course materials
and scripts (or step-by-step guideline for trainers) of the train-the-trainers
course, including a methodological outline, handouts, slides, practical
tools/exercises, pre- and post-training assessment forms. The drafts shall be
subject of approval by the PRAVO Police project and endorsed by the NPAU;
3) As requested
by international consultant, contribute to developing user-friendly training
materials with illustrative examples and guidelines;
4) Deliver six
(6) train-the-trainer sessions on prosecutorial ethics using the developed
course and materials for the target group identified by the PRAVO Police project
jointly with the PGO and the NPAU. The venue and logistical arrangements for
the training will be arranged and reimbursed by the PRAVO Police project
separately.
Since the target
audience is Ukrainian speaking, PRAVO Police will cover the cost of translation
of the course materials into Ukrainian, as well as ensure interpretation during
the train-the-trainers sessions, if necessary.
[2] Based on the joint resolution of Councils of judges,
prosecutors and attorneys dated 21 September 2018 “Professional ethics of
justice” a working group has been established to develop the Code of
Professional Ethics in the Sphere of Justice