12.12.2025
On December 10, 2025, Energy Club received an official response from the Prosecutor General’s Office of Ukraine regarding the appeal to stop the practice of mass lawsuits against electricity suppliers and the proposal to hold a coordination meeting with key market stakeholders.
In the letter addressed to Energy Club President Andrii Kostrytsia, the Prosecutor General’s Office stated that:
- Prosecutors, when filing lawsuits to invalidate additional agreements to electricity supply contracts and to recover funds, are guided by Clause 2, Part 5, Article 41 of the Law of Ukraine “On Public Procurement” and the Peculiarities of Public Procurement during the Martial Law, approved by CMU Resolution No. 1178.
- The prosecution’s position is based on the legal conclusions of the Grand Chamber of the Supreme Court in the resolution dated January 24, 2024, in case No. 922/2321/22. According to these conclusions, the restriction on increasing the price per unit of goods by more than 10% is not considered abolished, and the total price increase must not exceed 10% of the initial price determined by the procurement results.
- Another case (No. 920/19/24) is currently under consideration by the Grand Chamber of the Supreme Court, and judicial practice will continue to be formed taking its conclusions into account.
A separate section of the response concerns Energy Club’s proposal to hold a coordination meeting at the Prosecutor General’s Office involving representatives of the PGO, NEURC, the Cabinet of Ministers, the Ministry of Energy, PJSC “NEC Ukrenergo,” JSC “NNEGC Energoatom,” and electricity suppliers.
The Prosecutor General’s Office noted that:
- In accordance with the Law of Ukraine “On the Prosecutor’s Office” and the Procedure for Coordination Activity of Law Enforcement Agencies, coordination meetings conducted by the prosecutor’s office are held specifically in the sphere of crime prevention.
- Bringing issues regarding pricing policy in the electricity market and the application of legislation on the conclusion and execution of electricity supply contracts to such a meeting does not, in the Office’s opinion, comply with the requirements of the Law and the Procedure.
- Consequently, holding the proposed coordination meeting with the stated agenda is considered impossible.
The conclusions set out in the response were signed by Dmytro Vlasov, Head of the Department for Supervision of Observance of Laws by the National Police of Ukraine.
Energy Club takes note of the official position of the Prosecutor General’s Office and the reference to the legal conclusions of the Grand Chamber of the Supreme Court. At the same time, the club continues to believe that the established practice of mass lawsuits and criminal proceedings against electricity suppliers under martial law poses significant risks to the stability of the energy market, the participation of private business in public procurement, and the energy security of the state.
Energy Club will continue to:
- Analyze judicial practice and legislative initiatives in the field of public electricity procurement;
- Initiate a professional dialogue with the Prosecutor General’s Office, NEURC, the Ministry of Energy, the Ministry of Economy, and other government bodies;
- Develop proposals together with market participants aimed at forming predictable, fair, and legally consistent “rules of the game” in the electricity market under conditions of martial law and recovery.
Energy Club will inform market participants separately about further steps and the results of the dialogue.
