05.02.2026
The Office of the Prosecutor General (OPG) has provided an official response to an inquiry from Energy Club regarding problematic issues in pricing policy within the electricity market and the large-scale lawsuits filed by prosecutors against suppliers. In its letter, the OPG outlined a strict legal position regarding price revisions in public procurement contracts and stated the impossibility of holding a joint coordination meeting with market participants.
The Office of the Prosecutor General emphasizes that its lawsuits are guided by the findings of the Grand Chamber of the Supreme Court (case No. 922/2321/22, dated January 24, 2024). Prosecutors maintain that the essential terms of a contract may not be modified if the aggregate price increase exceeds 10% of the initial price specified by the parties upon the conclusion of the contract, rather than a 10% increase for each individual amendment. The OPG pointed out that subsequent amendments to CMU Resolution No. 1178 (as amended by Resolution No. 1067), which allow for price increases of up to 50% in total without a limit on the number of amendments, only confirm that the previous version of the Law “On Public Procurement” did not provide for such a possibility. According to the prosecutors, this further legitimizes their claims for the recovery of funds for prior periods.
In response to Energy Club’s proposal to hold a meeting to resolve the situation, the OPG stated that such an event does not comply with current laws and regulations. According to the law, coordination activities are restricted exclusively to law enforcement agencies involved in combating crime. The Prosecutor’s Office recalled the guarantees of its independence and the prohibition of interference in its activities. Market participants were advised to defend their interests in commercial courts based on the principle of adversarial proceedings, where each party must prove the circumstances to which it refers.
