Role of Pilot Projects in Strengtheningof Financial Management and Control

International Round Table“Strengthening Managerial Accountability”,

the Hague,9-10 June 2016

ANDRIY VYSHNEVSKYCoordination Centrefor Legal Aid Provision,Head

PILOT PROJECTS ON BUILDING A SYSTEM OF FINANCIAL MANAGEMENT AND CONTROL IN COORDINATION CENTRE FOR LEGAL AID PROVISION

Objective: analysis and assessment of financial management and control in the process of introduction of three-level management model in the system of legal aid provision

Second:February – May 2015

The National Academyfor Finance and Economics

Ministry of Financeof the Netherlands

The State Financial Inspection of Ukraine

Objective: analysis and assessment of financial managementand control system in the process of legal aid provision

First :November – December 2014

Representation of interestsof vulnerable clients in civiland administrative cases: low-income; disabled; war veterans (including ATO

veterans); orphans, etc.Legal consultationsMOBILE LEGAL POINTS (FROM OCT, 2015)

100 LOCAL CENTRES(FROM JUL 01, 2015):

1 COORDINATION CENTRE

25+2 REGIONAL CENTRES(FROM JAN 01, 2013):

Defence in criminal proceedingsEarly access to legal aidfor detaineesAccess for imprisoned (from NOV, 2014)

THREE-LEVEL CURRENT LEGAL AID SYSTEM IN UKRAINE

Balanced distribution of tasks, powers and responsibilities

The definitionof mission, strategic and operational objectives

Decentralized budgeting

Effective interaction between decentralized and centralized internal control

THE CHARACTERISTICS OF THE INTERNAL ENVIRONMENT OF THE COORDINATION CENTRE

Management style aimed at strategic decisionsand respects delegated authority of the system’s managers at lower level

The clear and balancedorganizational structure

Human resources management aimedat finding necessary competencies through open competitions; subsequent assessmentof personnel potentialand performance

Risk managementis based upon a differentiated approach, controllabilityand distributionof responsibilities

New knowledge

Comprehensive understandingof specifics for building and functioningof financial management and control system based on the COSO model

Assistanceand methodological support

Practical experience

Qualified supportby CHU contributedto constructthe foundationof theoreticaland practical developments in order to improve existing financial management and control system

Developmentof practical approaches, formats and templatesfor the widespread implementationof financial managementand control system

Detection, identificationand assessment of new risks Practical guidelines

OUTCOMES FROM THE PILOTS ON THE ANALYSIS AND ASSESSMENTOF FINANCIAL MANAGEMENT AND CONTROL

PROJECT RECOMMENDATIONS

1. Development of a procedure for distribution of cases among between lawyers, in which should be defined a clear mechanisms of such distribution, criteria, permissible limits coefficient of the lawyers’ workload

2. Development of a methodology for free secondary legal aid quality monitoring

3. Development of Standards for free secondary legal aid provision in civil and administrative cases

RESPONSE

1. The criteria for distribution of cases are developed and its implementation is a part of terms of reference for automation of processes during CIAS modification

2. The procedure for organization of monitoringof compliance with the Quality standards for free secondary legal aid provision in criminal proceedings by lawyers, whichis implemented in the form of: monitoring of lawyers’ work in court; interviews with the client; anonymous questioning of lawyers and clients.

3. The experience of free secondary legal aid provision in civil and administrative cases is being collected and consolidated.The development of such standards included into Work Plan for 2016

IDENTIFIED RISKS AND REACTION:PROVISION OF A SUBSTANDARD LEGAL AID

PROJECT RECOMMENDATIONS RESPONSE

Development of a Procedurefor interaction of local centreswith free primary legal aid providers

Human rights advocacy

Cooperation with the local self-governing bodies

Cooperation with free primary legal aid providers (“integrators”)

Work with mass media.Fundraising within local communities.Knowledge management

Workshops for “integrators” and “front-liners” feat. international experts and civil society

IDENTIFIED RISKS AND REACTION:UNRESOLVING OF LOCAL CENTRE’S CLIENT PROBLEM

PROJECT RECOMMENDATIONS RESPONSE

To amend the Regulations on FSLA centres regarding division of areas (fields) of subordination (accountability) of the head of the local centre to the director of the Coordination Centre and to the director of regional centre

Updated regulations on FSLA centres in area of delegation of functions previously executedby regional centres and division of responsibilities: financial management, staff management

• strategic management• compliance with the procedures established by the CC• performance of ad-hoc tasks

Director of the Coordination

Centre• operational management• adjustment of local centres actions within procedures

established by regional centresDirector of the regional

centreSubo

rdin

ation

Local centre

director

Local centre

director

Local centre

director

IDENTIFIED RISKS AND REACTION: CONFLICT OF INTEREST BECAUSE OF DUAL REPORTING AND ACCOUNTABILITYOF THE HEAD OF A LOCAL CENTRE TO THE DIRECTORS OF COORDINATION AND REGIONAL CENTRE

THANK YOUFOR YOUR ATTENTION!

0 800 213 103www.legalaid.gov.ua