04.08.2026
On August 3, Energy Club held a closed online meeting on the topic “Retrospective application of the “10% rule” in public electricity procurement: legal certainty and market position”. It was attended by representatives of energy companies, industry associations, the Association of Cities of Ukraine, local governments, the legal community and experts in the field of public procurement. The participants came together to jointly assess the consequences of the established legal practice, discuss possible risks for the market and develop a consolidated position on further legislative steps.
Today, the issue of the “10% rule” has long ceased to be an exclusively legal problem. It increasingly affects the functioning of the entire public electricity procurement market, creates new risks for suppliers and customers and requires an open professional dialogue between the state and market participants. That is why Energy Club has become a platform for professional discussion and the formation of a common position.
During the meeting, the participants analyzed the consequences of the judicial practice of recent years, discussed the impact of the new version of the “10% rule” on already concluded contracts, and drew attention to the problem of legal uncertainty, which, despite numerous appeals by businesses to state authorities, still remains unresolved. It was noted that the number of lawsuits and criminal proceedings in this area continues to grow, creating additional pressure on both electricity suppliers and customers.
Special attention was paid to legislative changes that provided for the possibility of retrospective application of the new version of the “10% rule” as a mechanism for eliminating legal uncertainty and restoring the original legislative intent. The participants noted that the first court decisions are already appearing, which take into account the new version of the norm. At the same time, information about possible legislative initiatives to abolish its retrospective effect raises doubts.
During the discussion, it was emphasized that the consequences of the established practice go far beyond individual litigation. Among the key risks were the reduction of competition in the market, refusal of companies to participate in public procurement, the increase in the cost of electricity due to the inclusion of additional risks in the price, an increase in the number of terminated contracts, as well as increased criminal pressure on heads of enterprises and representatives of local governments who acted in accordance with the legislation in force at that time and official explanations of the authorized bodies.
Representatives of professional associations confirmed their readiness to consolidate efforts to protect a common position in the market. Among the priority steps were the preparation of a coordinated legal argument, coordination of appeals to state authorities, exchange of current judicial practice and expansion of cooperation between specialized associations, the expert environment and the legal community.
The participants of the meeting also agreed to work out several possible scenarios for the development of the situation in parallel: from preserving the current version of the norm to finding compromise legislative solutions that would minimize negative consequences for the market and ensure legal certainty.
Summing up the discussion, it was unanimously agreed: today the market does not need a new wave of legal uncertainty, but an open professional discussion based on legal arguments, judicial practice and a real assessment of economic consequences. It is the consolidated position of the professional community, systematic dialogue with the state and joint work on balanced solutions that can be the key to maintaining a competitive environment and stable development of the public electricity procurement market.
