06.03.2026
The Apparatus of the National Security and Defense Council of Ukraine has provided an official response to the Energy Club business community’s appeal dated February 10, 2026. The letter addressed systemic legal risks to the state’s energy and investment security arising from retrospective law enforcement in the field of public electricity procurement.
As a reminder, the problem has escalated due to mass lawsuits by the prosecutor’s office and shifts in judicial practice that retrospectively limit the possibility of price adjustments in contracts. Facing the threat of financial and criminal prosecution for objective market fluctuations, suppliers are being forced to withdraw en masse from serving hospitals, water utilities, and other critical infrastructure facilities.
In a response letter dated March 5, 2026, Deputy Head of the NSDC Apparatus Maksym Shoiko explained that the direct resolution of the issues raised does not fall within the direct powers of the National Security and Defense Council or its Secretary.
However, given the scale of the threat, the NSDC Apparatus officially forwarded a copy of the Energy Club letter to the Cabinet of Ministers of Ukraine. This was done to ensure that the Government, which coordinates the work of ministries, provides a comprehensive review of this problem by the interested state bodies.
Earlier, we received a similar response from the Office of the President of Ukraine, which also tasked the Government with addressing the situation. Thus, two key institutions of national security and state administration have officially directed the resolution of this crisis to the level of the Cabinet of Ministers.
Energy Club expects clear and urgent regulatory steps that will stop the retrospective punishment of suppliers, protect the formula-based pricing mechanism, and restore investor confidence in long-term contracts. Energy Club continues to monitor the situation.
