23.04.2026
In recent months, Energy Club has been systematically addressing the issue of public electricity procurement. We have been holding working meetings with market participants, analyzing judicial practice, gathering legal positions, preparing proposals for legislative changes, and maintaining communication with government authorities. During this time, it has become evident that the problem has long transcended individual disputes between suppliers, customers, and law enforcement agencies.
Today, we are talking about a much broader issue: legal certainty in the market, the predictability of state policy, the limits of admissible interpretation of norms over time, and the ability of the public procurement system to ensure uninterrupted electricity supply for the public sector and critical infrastructure.
For many companies, this is no longer a theoretical discussion but a matter of operational stability, financial risks, professional reputation, and willingness to work with the public sector in the future. New approaches in judicial practice are beginning to influence the assessment of legal relations that arose and were implemented earlier, under a different regulatory and enforcement context. For business, this means not only the difficulty of defending themselves in court but also the emergence of a systemic doubt that current rules will not be re-evaluated later according to some new logic.
This is particularly sensitive for the energy market. Electricity is a commodity whose price is determined by the market and can change very rapidly. Therefore, the mechanical application of standard public procurement approaches to this segment creates a conflict between the economic nature of the product and the legal structure of the contract.
The consequences are already palpable. Companies operate under conditions where any price adjustment could later become a subject of litigation. Customers are afraid to make decisions even when they are economically justified. Suppliers are beginning to avoid participating in certain tenders. Ultimately, risks arise not only for businesses but also for hospitals, water utilities, heating companies, and other consumers for whom a stable electricity supply is a fundamental condition for operation.
The problem can no longer be reduced merely to disputes over supplementary agreements. It concerns the mechanism of formulaic pricing, the quality of legislative regulation, and the state’s ability to ensure a unified and predictable approach in such a sensitive area.
Recently, Energy Club has received official responses from state authorities, submitted proposals to Draft Law No. 11520, and conducted closed strategic and legal discussions with market participants. This work has shown that the market has accumulated enough arguments, practice, and expertise for a substantive professional dialogue.
It is important for us to bring together representatives of energy companies, lawyers, government officials, parliamentarians, and the expert community on a single platform. Our task is not to state the fact that a problem exists once again, but to honestly discuss exactly where the systemic conflict arose, which approaches are undermining market trust today, and what solutions can restore predictability to this field.
For Energy Club, this topic is not abstract. We see how it affects companies’ business plans, their readiness to participate in tenders, their attitude toward long-term contracts, and the overall investment climate in the sector. In a situation where the market expects a large-scale reconstruction of energy infrastructure, ignoring such a problem is no longer possible.
I am convinced that this meeting is needed right now. The quality of decisions in this area determines whether the state will be able to retain suppliers in the public sector, whether companies will be ready to work with budgetary institutions without fear of retrospective punishment, and whether the market will feel that the rules in Ukraine operate within a clear and stable logic.
It is for this purpose that Energy Club is holding a dedicated discussion. We want it to be a step toward a more responsible, legally defined, and professional approach to electricity procurement in Ukraine.
