National Legal Expert

Organizational Setting

The Food and Agriculture Organization of the United Nations (FAO) is implementing an EU-funded project “Inclusive, competitive and sustainable value chain development in agriculture, fisheries and forestry”, multi-sectoral, multidisciplinary development project that seeks to make agriculture, forestry and fisheries more productive and more sustainable; reduce rural poverty; and enable more inclusive and efficient agricultural and food systems. The Project is implemented through 3 components focusing on (1) improving the policy environment; data, research and monitoring; and governance systems in fisheries and aquaculture sectors; (2) strengthening the enabling environment for the forestry sector to help secure the long-term sustainability of forest management and to improve evidence-based policymaking in the sector; and (3) strengthening select food value chains through improved access to finance, inputs and services to support integration of smallholder farmers into sustainable value chains. The Project will be implemented in Zakarapattia and Lviv Oblasts, subject to possible further geographic coverage in the course of implementation. Reform of the legal framework governing the fisheries sector aims at the sustainable development of fisheries and aquaculture in Ukraine in the context of climate change, conservation, and enhancement of natural reserves of aquatic living bioresources, and balance of economic, environmental, and social interests. At the same time, the approximation of Ukrainian legislation to the relevant EU norms and FAO recommendations is important in connection with the granting of the EU candidate status to Ukraine and the respective dialogue on the legislative framework. Also, the total digitalization of public services in industrial fishing, aquaculture and recreational fishing causes the need to reform the legal framework in fisheries. In this regard, new state electronic systems will be developed, which require the drafting of a legal framework for the legal use of these tools and the synchronization of the requirements of EU legislation and Ukrainian legislation.

Reporting Lines

Under the overall supervision of the Head of the Office/Budget Holder, the Legal Expert on Fishery reports to the Head of FAO Office in Ukraine (FAOUA) and operates under the general supervision of the Project Team Leader; and with technical guidance of the project’s Lead Technical Officer (LTO).

The National Legal Expert on Fishery is also expected to work in close collaboration with other relevant project staff.

Technical Focus

The drafting of a legal framework for the legal use of these tools and the synchronization of the requirements of EU legislation and Ukrainian legislation

Tasks and responsibilities

The cornerstone of the successful implementation of the reform is an appropriate legal framework. In this context, it is envisaged that the national legal expert will develop (participate in the development of):

• the Draft Law of Ukraine "On Amendments to Certain Legislative Acts in the Field of Fisheries" (amendments to the Law of Ukraine "On Fisheries, Commercial Fishing and Protection of Aquatic Bioresources" in order to improve the legislative regulation in terms of regulating the activities of fish landing points, holding auctions for the sale of the right to special use of aquatic bioresources (commercial fishing) and other issues); • Draft Law of Ukraine "On Ensuring the Traceability of the Origin of Aquatic Living Bioresources and Products from Them" (support in the Verkhovna Rada and central executive authorities, finalization for the 1st and 2nd readings in the Verkhovna Rada). • Draft Law of Ukraine "On Amendments to the Code of Ukraine on Administrative Offenses" (support in the Verkhovna Rada and central executive authorities, finalization for the 1st and 2nd readings in the Verkhovna Rada); • Draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Regulation of the Use of Fishery Water Bodies (Parts Thereof) for Aquaculture Purposes"; • the Draft Law of Ukraine "On Amendments to the Tax Code of Ukraine (regarding rent in the field of aquaculture and improvement of certain tax provisions regarding agricultural producers)"; • Draft Resolution of the Cabinet of Ministers of Ukraine "On Implementation of the Pilot Project on Conclusion of the Agreement for the Right to Special Use of Aquatic Bioresources in Fishery Water Bodies (Parts Thereof) in Electronic Form"; • Draft Resolution of the Cabinet of Ministers of Ukraine "On Implementation of the Pilot Project on Labeling of Fishing Gear"; • Draft Resolution of the Cabinet of Ministers of Ukraine "On Implementation of the Pilot Project on Issuance of Permits for Special Use of Aquatic Bioresources in Fishery Water Bodies (Parts Thereof) (for Commercial Fishing, Experimental Fishing) in Electronic Form"; • the Draft Resolution of the Cabinet of Ministers of Ukraine "On Implementation of the Pilot Project on Keeping the Journal of the Fishery Entity in Electronic Form"; • Draft Resolution of the Cabinet of Ministers of Ukraine "On Implementation of the Pilot Project on Keeping the Journal of the Aquaculture Entity in Electronic Form"; • Draft Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Regulation on Monitoring of Fishing Vessels and the Procedure for the Functioning of the Remote Control System for Fishing Vessels"; • Draft Resolution of the Cabinet of Ministers of Ukraine "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 1147 dated 03.11.2021 "On Approval of the Methodology for Normative Monetary Valuation of Land Plots" to improve land relations in aquaculture"; • Provide technical and descriptive input data for all internal and external reporting requirements related to the implementation of activities in the fisheries and aquaculture component of the project. • Prepares and provides reports about work progress, either compliance of the result of work to the EU regulations and FAO/RFMO recommendations • Other duties as deemed appropriate to support the functioning of the grants scheme.

CANDIDATES WILL BE ASSESSED AGAINST THE FOLLOWING

Minimum Requirements

• Advanced University degree in areas relevant to the vacancy announcement • At least 5 years of relevant experience in grants projects • Working knowledge of English and Ukrainian. • National or permanent resident of Ukraine

FAO Core Competencies

• Results Focus • Teamwork • Communication • Building Effective Relationships • Knowledge Sharing and Continuous Improvement

Technical/Functional Skills

• Reviewing of grant applications in SAR • Beneficiary documents verification • Participation in grant analyst team meetings • Performance of standard operating procedures according to the approved Grant Operational Manual

Selection Criteria

• Experience in cooperation with executive authorities, including the Ministry of Agrarian Policy and Food of Ukraine • Deep knowledge of national fisheries legislation • Experience in the development of legislations in the field of fisheries, traceability of water bioresources and digital transformation of public service delivery procedures • Experience in supporting draft legal acts in executive authorities (participation in coordination meetings, preparation of protocols for reconciliation of positions of the parties, etc.) • Work experience in a multicultural environment