Privatization Lawyer (M/W)

Mission description

Description of the assignment

1. Planned activities

The service provider must support the Ministry of Economy and Environment of Ukraine in performing the following activities:

• Advise on the legal aspects of privatization and leasing of state-owned assets, including post-auction SOE legal issues

• Support continued development of privatization and leasing policies, including partial privatization

• Address legal issues arising during the privatization process to ensure a smooth transition of ownership/management

• Support in drafting privatization and lease agreements and other legal documents

• Develop documentation to support partial privatization transactions

• Advise, when necessary, on the improvement of SOE corporate governance and state real estate management

• Support resolution of, and policy development for, legal issues arising in the post-privatization process

2. Anticipated deliverables

Deliverables	End date
Support development of timeline and legislative proposals for partial privatization through a domestic IPO	TBD
Support development of draft amendments required for partial privatization through a domestic IPO	TBD
Support development of draft amendments to make the auction/tender process more acceptable to investors	TBD
Support to development of minority shareholder right packages for various partial privatization scenarios	TBD
Support development of Transaction Documentation for Partial Privatization, including Shareholder agreement	TBD
Support development of Draft amendments for partial privatization procedure(s) proposed by the MoE	TBD
Support legal analysis of SOEs in privatization pipeline	TBD
Support development of accelerated procedure for transferring underused non core real estate to the SPFU for privatization	TBD
Support bringing corporatization regulations, laws, and the civil code into alignment with EU acquis, international standards & OECD guidelines	TBD
Proposal for procedure for SOEs with shares in documentary form to convert shares to non-documentary form to allow privatization	I.2027
Timeline and Proposal for a Partial Privatization through a domestic IPO	I.2027
Proposal for legislative amendments for partial privatization procedure prioritized by the Ministry of Economy	II.2027
Proposals for a model shareholders’ agreement for partial privatization	IV.2026
Proposals for a draft law on partial privatization	II.2027
Presentation for an experience sharing event between Ukrainian and EU stakeholders	III.2027

Coordination

The service provider shall designate a single contact person for project implementation purposes.

The service provider's counterpart within the EU4SAR’s Project (Expertise France) will be the Component coordinator, together with the Long-Term Expert acting as Key Expert for Privatization, who will coordinate the assignment as part of the pool of Short Term and Recurrent Experts mobilized along the course of Action implementation.

Place, duration and terms of performance

1. Implementation period:

Within the EU4SAR’s Action implementation period: 24 months

2. Start date:

Per signature

3. End date:

31 August 2028

Assignment reports

A report following the model provided must be forwarded by e-mail on conclusion of the assignment.

Project or context description

The EU4SAR program, financed by the European Union and the French Ministry of Europe and Foreign Affairs supports the transformative agenda on the Governance of State-Owned Enterprises and its alignment with EU acquis, international standards and best practices. Expertise France assists both the State Property Fund of Ukraine and the Ministry of Economy and Environment of Ukraine to improve their capacities regarding the i) design of the governance & privatization policies, ii) their implementation and iii) the control, oversight and monitoring of the State-Owned assets. The project provides technical assistance under the form of expertise, procurement of goods & services and capacity building.

In this context, the Privatization Lawyer will provide legal support for the development of policies, legislative and regulatory proposals, legal documents, and regulations in order to accelerate the privatization of state-owned enterprises, the privatization and lease of state-owned real estate, and the privatization and lease of assets seized from the RF under the Law on Sanctions. He/she will also provide analyses of the legal issues of specific SOEs slated for privatization.

Objectives and desired results

1. General objective

The objective of the assignment is to provide legal support for the development of policies, legislative and regulatory proposals, and legal documents in order to accelerate the privatization of state-owned enterprises and state-owned real estate, improve state asset management and SOE corporate governance, and accelerate the privatization and lease of assets seized from the RF under the Law on Sanctions.

2. Specific objectives

● Support the development of policies and legislative/regulatory proposals to accelerate and simplify process of privatizing and leasing state property

● Support the development and implementation of new mechanisms for partial privatization

● Support the development of a privatization pipeline through legal analysis of SOEs in the pipeline

● Support the improvement of SOE corporate governance through policy reform and implementation measures

3. Anticipated results

● Improved legislative and regulatory framework for the privatization and lease of state-owned enterprises and real estate

● Increase in the amount of state property prepared for privatization and lease

● Improved management and oversight of SOEs and state-owned proper

Required profile

1. Number of experts per assignment: 2

2. Profile of the designated expert(s) responsible for contract execution

A. Qualifications and skills:

• Degree in law

• Fluent Ukrainian and strong written and verbal communication skills in English; knowledge of French is an asset

• Ability to work well in a team

• Excellent planning and time management skills

• Excellent writing skills

B. General professional experience

• 5 years experience in a similar role

• Experience in the field of SOE reform, corporate governance, public property management or privatization, finance and/ore M&A

• Experience in technical assistance work is preferred

• Experience in legal drafting

C. Specific professional experience

Additional information

I. Document to be submitted by the candidates:

● CV;

● Financial proposal – daily rate to be indicated in the cover letter;

● Cover letter including a short methodological description of how the candidate intends to carry out the assignment (up to 2 pages).

II. Evaluation Criteria for Supplier Selection

The selection of the expert will be based on the best value for money principle, combining both the financial proposal and the technical offer.

Weighting of Criteria (100%) :

Criteria	Weight
Price offer	20 %
Tech offer	80 %

Technical Offer – Evaluation Breakdown (80%)

Criterion	Weight
A. Relevance of Previous Assignments Development of policies, legislative and regulatory proposals, and legal documents in privatization of state-owned enterprises and state-owned real estate, state asset management and SOE corporate governance.	40%
B. Methodological Approach & Work Plan Provision of legal support for the development of policies, legislative and regulatory proposals, and legal documents in order to accelerate the privatization of state-owned enterprises and state-owned real estate, improve state asset management and SOE corporate governance, and accelerate the privatization and lease of assets seized from the RF under the Law on Sanctions.	40%

Selection criteria for applications

The selection process for candidates will be based on the following criteria :

• Candidate’s training/diplomas related to the expert assignment