Anunțuri de Angajare

SCOPE OF WORK

Position:                                Legal Expert

Location:                               Chisinau, Moldova (further Consultant)

Period of Performance:    April - July 2023

Total Level of Effort:         up to 60 days

Work Plan Activity:           Evaluation and improvement of the legal and regulatory framework for state registrars’ activity

Background

The USAID Moldova Institutional and Structural Reform Activity (MISRA) is a five-year project funded by the United States Agency for International Development (USAID) and implemented by Nathan Associates Inc. MISRA’s objective is to stimulate a sustainable and inclusive recovery from the regional crisis, improve the institutional, business, and trade enabling environment in Moldova by supporting Moldova’s public institutions and the private sector to accelerate the implementation of trade liberalization mechanisms, adopt structural and investment climate reforms, accelerate financial sector reforms, improve economic governance in the public sector, and enhance strategic communications between the private and public actors. MISRA builds on prior and ongoing USAID and US Government activities in the business enabling environment and trade facilitation space to strengthen Moldova’s economic growth and resilience, and by doing so, increase transparency and accountability.

Activity Overview

The Public Services Agency (PSA) is the primary state institution responsible for ensuring proper registration of legal entities involved in entrepreneurial activities, based on the principle of creating a one-stop shop. From January 10, 2022, the PSA’s Department of Registration and Licensing of Law Units has been implementing the digital state registration procedure, including receipt of documents electronically and digital signatures, throughout the entire life cycle of a legal entity, e.g., opening of the business, modifications, reorganization, and deregistration.

The volume of legal directives and the discretion assigned to the PSA’s registrars poses considerable challenges to the effective implementation of digital registration. The PSA has identified two key impediments to the effective implementation of its digital state registration procedures:

• Outdated legislation, and
• Lack of clearly-defined, written procedures on the registration of each type of legal entity.

Following receipt of completed documents, PSA registrars must apply the Civil Code and approximately 50 other laws and government decisions regulating the activities of various types of legal entities. Moreover, there are unique questions on which the registrars have no knowledge and experience on how to respond.

The PSA digital registration system has no functionality to support review of submissions. Each registrar relies on their own experience and practices. This is leading to delays, inconsistent decisions, poor transparency, and ad hoc decisions by registrars instead of being able to rely on the benefits of digitalization. As a result, the work of the registrars is frustrated, and public and business confidence in the digital registration process is undermined.

To respond to this challenge, Law No. 220 of 2007, on state registration of legal entities and individual entrepreneurs, provides for an annual evaluation of the PSA registrar's activities and behavior in the state registration processes, followed by a documentation of conclusions. Unfortunately, an evaluation has never been completed since the law's entry into force.

Therefore, PSA has requested support from USAID MISRA to: (i) develop regulations for the evaluation on an annual basis those registrars who support the registration of legal entities; (ii) review laws and regulations on the activities of registrars to improve the quality of their public services; and (iii) propose internal regulations to detail and guide the steps that must be followed for the registration of each type of legal entity, in accordance with the legislation in force, and to minimize the discretion exercised by the registrars.

Responsibilities and Tasks

• Review laws and regulations on registration of legal entities, identify gaps and deficiencies in the current processes, and propose appropriate recommendations on amendments and revised practices
• Draft a proposed regulations for evaluating on an annual basis those registrars who support the registration of legal entities
• Draft proposed internal regulations detailing and guiding the steps that must be followed for the registration of each type of legal entity
• Support PSA with the collection of feedback from the private sector, as required, on issues encountered and their proposals on improving the digital registration process
• Support PSA with consultations and coordination among other government institutions on improving the digital registration process
• Adjust the draft regulations according to the recommendations and findings of all the involved stakeholders
• Present proposals for the legal amendments of other relevant legal acts.

Deliverables

• Written review of laws and regulations on registration of legal entities, with recommendations, by May 31, 2023
• Report documenting findings from consultations with the private sector on the registration process, with a list of proposed solutions and proposals for necessary legal amendments to eliminate or overcome the identified gaps/issues, by June 16, 2023
• Final draft of the regulation for evaluating on an annual basis those registrars who support the registration of legal entities, adjusted based on findings from consultations with the private sector and other government institutions, by July 14, 2023
• Final draft of the internal regulation detailing and guiding the steps that must be followed for the registration of each type of legal entity, approved by PSA, by July 31, 2023

Skills and Qualifications

• Minimum of a bachelor’s degree in Law or Public Policy
• Ten or more years of professional experience in civil, commercial law or a related field
• Demonstrated experience in developing national strategic documents
• Demonstrated ability to interact with government counterparts mentioned in this SOW
• Experience working with USAID and/or other international donors preferred

Supervisory Responsibilities and Reporting

The Legal Expert will provide periodic progress reports to the Component 2 Structural Reform Team Lead and Structural Reform Expert.

How to Apply

We welcome your CV and preferably cover letter at Moldovajobs@nathaninc.com. Please apply by April 18,2023, with “Legal Expert for evaluation and improvement of the legal and regulatory framework for state registrars’ activity” in the subject line. This short-term position will remain open until filled.