Energy Club Obtains Legal and Scientific Expertise on the 10% Price Fluctuation Limit in Procurement Contracts

29.07.2025

Energy Club announces the receipt of a comprehensive legal and scientific opinion from the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine. The expert analysis provides an authoritative assessment and answers to key legal questions that have arisen due to legal uncertainty regarding price changes for energy resources in public procurement.

Following the decision of the Grand Chamber of the Supreme Court (case No. 922/2321/22), which was interpreted as limiting price increases to 10% over the entire term of a contract, energy suppliers have faced numerous lawsuits. This has created serious risks for the stability of energy supply to state-funded institutions and for the operations of the suppliers themselves.

The scientific opinion from the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine confirms that:

• The 10% limit applies to each individual price change, not to the cumulative increase over the entire duration of the contract.
• The price can be changed an unlimited number of times during the contract’s term, provided that the procedures defined by law are followed.
• The parties to the contract have the right to change the price, both upward and downward, ensuring flexibility and alignment with market conditions.

These conclusions provide a solid legal and scientific foundation for the defense of suppliers in legal disputes.

In the near future, Energy Club will share the full text of the legal and scientific expertise with the companies that supported and financed this initiative. We express our sincere gratitude for their proactive stance and constructive approach:

• Ukr Gas Resource LLC (project initiator)
• Hyatt Estate LLC (Amperium TM)
• EnergyGazTrade LLC
• Energy Partnership LLC
• Dniproenergozbut LLC
• SK Energy Group LLC
• Prykarpat Energotreid LLC
• Energy and Investment Group LLC
• Energy 365 LLC
• Gas Energy Trade LLC

“Obtaining this expertise is the result of our joint and systematic work. This is not just a theoretical document, but a practical tool that will help our companies protect their legitimate interests in court,” emphasized Andrii Kostrytsia, President of Energy Club. “We hope that the scientifically substantiated position of a leading academic institution will help establish a unified judicial practice and relieve the pressure on suppliers, which is critically important for the stability of the entire energy market. We are grateful to every company that joined this important cause.”

Energy Club will continue to advocate for the interests of market participants and promote the formation of transparent and fair rules in the energy sector.