Energy Club calls on the Prosecutor General's Office to cease pressure on energy suppliers due to outdated legal norms and proposes a coordination meeting

30.12.2025

Energy Club has sent an official letter to the Prosecutor General of Ukraine, Ruslan Kravchenko, expressing concern regarding the practice of prosecutors challenging electricity supply contracts with state customers.

In its appeal, the business community highlights a systemic problem: prosecution bodies are filing mass lawsuits demanding the invalidation of additional agreements on price changes, citing legislation that is not applicable during martial law.

In their lawsuits, the Prosecutor’s Office relies on legal conclusions of the Supreme Court from 2021 and Part 5 of Article 41 of the Law “On Public Procurement”. However, Energy Club emphasizes that these norms were relevant for peacetime. With the start of the full-scale invasion, the government approved special Resolution No. 1178, which serves as the main regulatory act for the martial law period.

According to Resolution No. 1178 (in versions effective until September 3, 2025), parties had the right to revise the price proportionally to market fluctuations without strict percentage limits. Ignoring this fact by law enforcement creates chaos in judicial practice and threatens the stability of energy supply.

Key points of the Energy Club appeal:

• Outdated practice: Applying 2021 court conclusions to the realities of martial law is legally unjustified.
• Priority of special norms: During the war, the Specifics (Resolution No. 1178) are in effect, suspending the operation of certain parts of the Law “On Public Procurement”.
• Threat to energy security: Invalidating agreements and forcing suppliers to operate at a loss may lead to businesses refusing to cooperate with budgetary institutions and critical infrastructure facilities.
• European integration: Artificial tariff reduction contradicts Ukraine’s obligations to the Energy Community and EU standards.

Energy Club has called on the Prosecutor General to hold an urgent coordination meeting involving the NEURC, the Ministry of Energy, Ukrenergo, Energoatom, and suppliers. The meeting aims to develop unified methodological recommendations for prosecutors to avoid a collapse in the public electricity procurement market.