17.12.2025
The Ministry of Foreign Affairs of Ukraine has officially responded to a letter from the Energy Club business community regarding mass lawsuits filed by the Prosecutor’s Office against energy suppliers.
The foreign policy agency clarified the division of responsibilities for fulfilling international energy obligations, effectively pointing to the need for a professional rather than a punitive approach to market regulation.
As a reminder, on November 20, 2025, Energy Club appealed to the MFA requesting intervention in a situation where law enforcement agencies are initiating mass proceedings against companies for contract price increases exceeding 10%. In its appeal, the Club emphasized that such actions contradict European regulations (specifically EU Regulation 2019/943) and Ukraine’s obligations within the Energy Community, undermining the trust of international partners.
In its response letter, the MFA clearly outlined the circle of responsible bodies:
The Ministry of Energy is the main body forming state policy and exercising supervision (control) in the electricity sectors. It is the Ministry that is responsible for generalizing the practice of legislative application.
NEURC is defined as the sole state regulatory body responsible for pricing policy, tariffs, and competition protection.
Fulfillment of international obligations: According to government resolutions, the Ministry of Energy, NEURC, and the State Agency on Energy Efficiency are the key bodies responsible for implementing Energy Community standards in Ukraine.
The MFA’s response confirms Energy Club’s position: pricing disputes arising from market volatility during the war must be resolved within the realm of professional regulation, not criminal prosecution.
The situation where the Prosecutor’s Office substitutes the Regulator and interprets market fluctuations as crimes runs counter to the separation of powers emphasized by the MFA.
Having received the official clarification from the MFA, which recommends addressing issues of international treaty implementation directly to relevant stakeholders, Energy Club is initiating the next stage of dialogue.
We demand that the Ministry of Energy and NEURC take a proactive stance and provide law enforcement agencies with comprehensive clarifications regarding the legality of price revisions in public procurement contracts.
