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UPDATE: NEURC Reboot: "Synergy of Two Bills" or a Political Decision? Energy Club Hosted a Debate with Reform Authors

06.01.2026

Energy Club held a public discussion on the reform of the National Energy and Utilities Regulatory Commission (NEURC). The discussion was prompted by the registration of two conceptually different legislative initiatives in the Verkhovna Rada: the main Bill No. 12065 (authored by Andrii Zhupanyn) and the alternative Bill No. 12065-1 (authored by Oleksii Kucherenko and Viktoria Gryb).

Participants sought an answer to the main question: how to restore trust in the Regulator after recent corruption scandals, ensure its real rather than “paper-based” independence, and avoid losing funding from international partners.

Seeking Synergy

The discussion moderator, Energy Club Vice President Maksym Nemchynov, noted that both documents contain important developments, and the best scenario for the market would be to combine them.

“In my opinion, synergy lies precisely in combining these two bills. We need to create a system of checks and balances that prevents other state bodies from exerting pressure on the Regulator,” Nemchynov emphasized.

The Problem is Not the Law, But the Pressure

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MP Oleksii Kucherenko began with a retrospective, recalling that attempts to create an independent regulator have been ongoing for 24 years. He mentioned his visit to the US in 2001 and the first attempt to explain the necessity of such a body to President Leonid Kuchma.

Kucherenko criticized previous “reforms,” specifically the 2014 decrees when the commission was formed based on a quota principle under the guise of lustration. He identified the main problem not as a lack of laws, but as the inability of NEURC members to resist political pressure. He cited the situation with water tariffs in 2023 as an example:

“When the Commission decided to raise tariffs, and then a call came from a ‘well-known building’… They were told: ‘Guys, you forgot to consult with us.’ And four days later, the same commission members canceled their decision, citing that they ‘could not disobey the Supreme Commander-in-Chief.’ True independence is when an official who receives a call with instructions says ‘No’ or files a report with the SBI (State Bureau of Investigation) about pressure. Until this happens, no procedures will help,” Oleksii Kucherenko stressed.

He also advocated for the creation of an Energy Ombudsman institution to protect consumer rights, as the current Regulator performs this function ineffectively.

Safeguards Instead of Lustration

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MP Viktoria Gryb presented key safeguards proposed by the alternative bill. She categorically opposed sweeping lustration, proposing instead a mechanism for thorough vetting of current members.

Key proposals of the alternative draft:

  • Audit instead of lustration: Conduct a full verification of declarations and lifestyle monitoring of current members. Dismiss only if violations are found.
  • Responsibility for voting: Prohibit NEURC members from abstaining. “Let them decide ‘for’ or ‘against’. And if ‘against’, this must be justified,” noted Viktoria Gryb.
  • Expansion of the Selection Commission: Increase the composition to 7 members by involving representatives from the committees on European integration, economic development, and anti-corruption policy to avoid the usurpation of power by a single committee.
  • Financial motivation: Increasing salaries for staff to retain expert potential.

The MP also expressed doubt regarding the effectiveness of including foreigners without Ukrainian citizenship in the Selection Commission, as they do not bear legal liability within Ukraine’s legal framework.

International Obligations and “Accelerated Rotation”

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MP Andrii Zhupanyn explained the logic of his bill, which envisages a full rotation of NEURC members within a year and the involvement of international experts with a decisive vote. He emphasized that international participation is a direct requirement for receiving financial aid from the EU.

“Last year, due to unadopted laws, Ukraine missed out on 4.5 billion euros under the Ukraine Facility program. This is approximately 250 billion hryvnias, which we could have used to fund military salaries or build shelters. The Energy Community Secretariat officially stated: if the country wants to receive funds, the bill must include international representatives in the selection commission,” argued Andrii Zhupanyn.

Regarding the Regulator’s reboot, Zhupanyn called it a “political decision” by the President and the parliamentary majority, a reaction to corruption scandals. He proposed an “accelerated rotation” mechanism:

  • Replace members in stages (3+2+2) over 12 months.
  • Current members can apply for the new competition — this is not lustration, but re-attestation.
  • It is legally impossible to dismiss a NEURC member for a “wrong decision” without a court verdict, so rotation is the only fast way to renew the body.

Summary

Discussion participants agreed that the best option would be to create a revised committee bill aimed at combining:

  1. Financial independence of the Regulator (Andrii Zhupanyn’s idea).
  2. Energy Ombudsman institution and strict voting requirements (Oleksii Kucherenko and Viktoria Gryb’s idea).
  3. A compromise model of the selection commission that satisfies international donors while preserving Ukraine’s agency.

Energy Club Vice President Maksym Nemchynov concluded:

“I cannot agree that a lifestyle check is a formality. If a NEURC member’s lifestyle does not match their income, this is direct proof of their lack of independence. As market representatives, we are ready to join the Committee’s work to ensure the final law is high-quality and works in the interests of the state.”

Watch the full discussion on our YouTube channel:


Continuing the Discussion: Legal Perspective

Energy Club continues its series of expert discussions on the National Regulator reform. The next stage is a cold legal analysis of the risks posed by the proposed bills.

🗓 Date: January 14 (Wednesday)
⏰ Time: 12:00
Topic: “NEURC Reform: Legal Risk Analysis. Business Perspective”

👉 Learn more and join the meeting

Реформа НКРЕКП: юридичний аналіз ризиків. Погляд бізнесу на законопроєкти №14282 та №14282-1

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