19.01.2026
“We are seeing not a reform, but a hidden lustration without due process. This is a political reprisal that will only lead to a queue of lawsuits and chaos in the industry.”
Oleksii Hnatenko, Partner of Dispute Resolution Practice at Juscutum, conducted a deep analysis of Bills No. 14282 and No. 14282-1 during the Energy Club expert discussion. The expert highlighted two diametrically opposed trends in the proposed changes: progressive norms for business and dangerous political mechanisms for personnel “purges.”
“Revolution” in Relations with the Regulator
The lawyer highlighted a provision of Bill No. 14282 that could fundamentally change the rules of the game in favor of licensees. This concerns a change in the approach to the liability of business entities.
“I was pleasantly surprised by the provision that shifts the focus from the presumption of business guilt to the Regulator. If a company acted in accordance with the clarifications or methodologies of the NEURC, or if it submitted an inquiry and did not receive a response within the legally established timeframe — its actions are considered lawful. This is an analogue of the presumption of taxpayer lawfulness. Now, business does not have to justify itself; instead, the Regulator must prove wrongfulness. This will require the Commission to significantly strengthen its own professional expertise.”
Risk of Legal Collapse
At the same time, Oleksii Hnatenko sharply criticized the idea of a full rotation of NEURC members, calling it a “reactive” decision by the authorities that lacks a legal strategy.
“Dismissing everyone indiscriminately is a path to nowhere. This is essentially a hidden lustration that bypasses legitimate legal mechanisms. Lustration has a clear procedure and consequences, but here we see political reprisal. Such an approach will trigger a wave of lawsuits for reinstatement, as has happened before. This will create chaos that will be difficult to control.”
