09.05.2024
Energy Club, the largest business community of energy companies in Ukraine, has appealed to the Cabinet of Ministers of Ukraine regarding the Supreme Court’s resolution of January 24, 2024 in case No. 922/2321/22. Energy Club believes that this resolution introduces critical changes to the legislation on public procurement, which may have serious negative consequences for the energy market.
In its appeal, Energy Club expresses concern about the interpretation of paragraph 2 of part five of Article 41 of the Law of Ukraine “On Public Procurement”, which concerns the conditions for changing the price of a procurement contract. According to Energy Club experts, the Supreme Court’s resolution effectively prohibits increasing the price of electricity by more than 10% of the initial contract price, even if market conditions have changed significantly.
Energy Club emphasizes that such a decision contradicts the explanations of the Ministry of Economy and the State Audit Service, as well as the practice of most customers in the field of public procurement, who have repeatedly increased the price of electricity by more than 10% of the initial contract price.
Energy Club calls on the Cabinet of Ministers of Ukraine:
Create a working group of specialists from various departments and representatives of the energy sector to discuss this problem and develop a unified approach to the application of the norms of the Law “On Public Procurement”.
Initiate amendments to the legislation that would avoid the negative consequences of the Supreme Court’s ruling for the energy market of Ukraine.
