14.08.2025
On August 14, a working online meeting was held with representatives of 35 Energy Club member companies, during which the final format of a draft official appeal to the heads of the relevant Committees of the Verkhovna Rada of Ukraine—the Committee on Economic Development and the Committee on Energy, Housing and Communal Services—was agreed upon. It was decided to support the appeal with factual evidence, for which there is very little time to collect.
As is known, the Club has been consistently working to resolve the critical issue arising from the ruling of the Grand Chamber of the Supreme Court (case No. 922/2321/22), which limited price adjustments in procurement contracts to 10%. This situation creates systemic risks for the entire energy market, as evidenced by numerous lawsuits and criminal proceedings.
During a preliminary expert discussion on July 24, a strategy was outlined, after which the draft of the official appeal to the heads of the parliamentary committees was prepared. The draft is publicly available for all interested parties to review.
To protect the rights of energy market participants and to confirm the existence, large scale, and negative consequences of the problem, the Energy Club has initiated the collection of information on open criminal proceedings and lawsuits against public procurement market participants.
Thus, after analyzing data from companies operating through the Prozorro platform, the Energy Club has revealed the following indicators, which vividly demonstrate the scale and consequences of the crisis in the electricity market alone since the adoption of the said Resolution:
It is important for our community that the appeal to the heads of the Verkhovna Rada committees reflects a consolidated position of all Club members. Therefore, we urge companies that have not yet submitted information on the consequences of the Resolution’s implementation to do so as soon as possible—within 1-2 days. The joint meeting of the relevant parliamentary committees is scheduled for next week, where the letter from the Energy Club is expected to be considered and a decision made to help resolve the existing problem. The Club aims to receive clarifications, recommendations, and a letter of support to be presented at the hearing of the Grand Chamber of the Supreme Court in case No. 920/19/24 on September 17, 2025.
Following a constructive discussion on August 14, the meeting participants once again emphasized that the Supreme Court’s Grand Chamber decision to limit price changes per unit of goods in procurement contracts to no more than 10% has enabled law enforcement agencies to open hundreds of criminal proceedings against electricity traders, suppliers, and consumers. This is despite the fact that the evolution of legislative changes demonstrates a consistent position by the Verkhovna Rada of Ukraine and the Government, represented by the Ministry of Economy: the 10% limit applies to each separate supplementary agreement, not the entire contract. This logic is also supported by the content of draft laws No. 13392-1 and No. 11520, which propose a similar approach applied by European Union countries. These documents are aimed at implementing Directives No. 2014/24/EU and No. 2014/25/EU.
Therefore, colleagues, we ask everyone to review the draft appeal and sign it (an electronic digital signature can be used), as well as to provide information on instances of pressure, criminal lawsuits, initiated proceedings, financial losses, etc. This information, along with the appeal, will be submitted for consideration to the Verkhovna Rada committees and the Grand Chamber of the Supreme Court.
