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Role of Pilot Projects in Strengthening of Financial Management and Control

ANDRIY VYSHNEVSKY Coordination Centre for Legal Aid Provision, Head International Round Table “Strengthening Managerial Accountability”, the Hague, 9-10 June 2016


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

The State Financial Inspection of Ukraine

The National Academy for Finance and Economics Ministry of Finance of the Netherlands

First : November – December 2014

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

Second: February – May 2015

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


THREE-LEVEL CURRENT LEGAL AID SYSTEM IN UKRAINE 100 LOCAL CENTRES (FROM JUL 01, 2015):

Representation of interests of vulnerable clients in civil and administrative cases:  low-income;  disabled;  war veterans (including ATO veterans);  orphans, etc. Legal consultations MOBILE LEGAL POINTS (FROM OCT, 2015)

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

Defence in criminal proceedings Early access to legal aid for detainees Access for imprisoned (from NOV, 2014)

1 COORDINATION CENTRE


THE CHARACTERISTICS OF THE INTERNAL ENVIRONMENT OF THE COORDINATION CENTRE The clear and balanced organizational structure

Balanced distribution of tasks, powers and responsibilities Decentralized budgeting

The definition of mission, strategic and operational objectives

Risk management is based upon a differentiated approach, controllability and distribution of responsibilities

Management style aimed at strategic decisions and respects delegated authority of the system’s managers at lower level Effective interaction between decentralized and centralized internal control

Human resources management aimed at finding necessary competencies through open competitions; subsequent assessment of personnel potential and performance


OUTCOMES FROM THE PILOTS ON THE ANALYSIS AND ASSESSMENT OF FINANCIAL MANAGEMENT AND CONTROL New knowledge

Comprehensive understanding of specifics for building and functioning of financial management and control system based on the COSO model

Assistance and methodological support

Detection, identification and assessment of new risks

Qualified support by CHU contributed to construct the foundation of theoretical and practical developments in order to improve existing financial management and control system

Practical experience

Practical guidelines

Development of practical approaches, formats and templates for the widespread implementation of financial management and control system


IDENTIFIED RISKS AND REACTION: PROVISION OF A SUBSTANDARD LEGAL AID PROJECT RECOMMENDATIONS

RESPONSE

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

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

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

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

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: UNRESOLVING OF LOCAL CENTRE’S CLIENT PROBLEM PROJECT RECOMMENDATIONS

RESPONSE

Development of a Procedure for interaction of local centres with free primary legal aid providers

Cooperation with free primary legal aid providers (“integrators”) Human rights advocacy Cooperation with the local selfgoverning bodies 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: CONFLICT OF INTEREST BECAUSE OF DUAL REPORTING AND ACCOUNTABILITY OF THE HEAD OF A LOCAL CENTRE TO THE DIRECTORS OF COORDINATION AND REGIONAL CENTRE

PROJECT RECOMMENDATIONS

Subordination

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

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

Director of the Coordination Centre

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

Director of the regional centre

• operational management • adjustment of local centres actions within procedures established by regional centres

Local centre director Local centre director

Local centre director


THANK YOU FOR YOUR ATTENTION! 0 800 213 103 www.legalaid.gov.ua

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Міжнародна конференція «Посилення управлінської підзвітності: чи може фінансове управління і контроль бути рушійною силою змін» 10.06.2016,...

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Міжнародна конференція «Посилення управлінської підзвітності: чи може фінансове управління і контроль бути рушійною силою змін» 10.06.2016,...

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