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Public electricity procurement: legal certainty, retrospective risks and energy security

Energy Club initiates a professional discussion dedicated to one of the most acute problems of the Ukrainian energy market - the crisis in the field of public electricity procurement. This discussion should answer the main question: is the state able to provide such rules in the field of public procurement of electricity that businesses will not be punished retroactively for actions that were in accordance with the then-current regulations, and the budget sector will not be left without a stable supply due to legal chaos.
11 May 2026
Osvitoria Hub (2 Knyaziv Ostrozkykh Blvd., Kyiv)
15:00-18:00
Language:  Ukrainian
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Organizer

Energy Club is a community of energy professionals that brings together experts, analysts and company executives to exchange knowledge, experience and ideas. We are committed to developing the energy sector and supporting its participants in an environment of constant change. Energy Club regularly holds conferences, forums and seminars dedicated to current energy issues.

Recent months have shown that the issue of price changes in electricity supply contracts has long gone beyond a purely legal topic. The retrospective application of new approaches to judicial practice to contracts of past years, mass lawsuits by the prosecutor’s office, different interpretations of the norms of the Law “On Public Procurement” and Resolution No. 1178, as well as the actual ignoring of the nature of electricity as an exchangeable commodity have created a systemic crisis for suppliers, customers and the entire infrastructure of the public sector.

It is not only about disputes over additional agreements. It is about much more: about the limits of permissible retrospectivity in law enforcement, about legal certainty for business, about the ability of the state to be predictable, as well as about the risks to the stable energy supply of hospitals, water utilities, heat and power utilities and other critical infrastructure facilities.

Energy Club is already systematically working on this topic: holding closed working meetings with lawyers and market participants, formulating proposals for draft law No. 11520, initiating legal protection for suppliers, conducting a dialogue with the Ministry of Economy, the Ministry of Energy, the Ministry of Justice, the Office of the President, the National Security and Defense Council and other state institutions. That is why we consider it important to bring this discussion to a face-to-face public format and gather representatives of the market, government, parliament, lawyers, judicial experts, customers and the professional community on one platform.

The purpose of the meeting

The purpose of the meeting is not simply to record the problem, but to try to develop a common vision of what solutions are needed now: in law enforcement, in legislation, in approaches to formulaic pricing, in protection from retrospective liability, and in maintaining a stable supply of electricity for the public sector.

Questions for discussion

  • Can the actions of the parties in the contracts of 2021–2023 be assessed according to the legal approaches formulated by the courts only in 2024–2026?
  • Where is the line between a legitimate judicial interpretation of a norm and an actual retrospective change in the “rules of the game” for business?
  • Why does electricity as an exchange product not fit into the logic of a static approach to price changes in public procurement contracts?
  • Can the 10% limit be applied to the electricity market in the same way as to ordinary goods, without the risk of destroying the economics of the contract?
  • Are the provisions of the Cabinet of Ministers of Ukraine Resolution No. 1178 and the formula pricing mechanism correctly interpreted by courts and law enforcement agencies today?
  • What should be done with contracts concluded during martial law, when businesses operated on the basis of current government regulations and official explanations from state bodies?
  • Does the mass prosecutorial appeal of additional agreements pose a risk not only to suppliers, but also to the state’s energy security?
  • What does the Constitutional Court’s decision on Article 23 of the Law “On the Prosecutor’s Office” mean for the market, and can suppliers already use this legal position for protection today?
  • What changes should be made to draft law No. 11520 or to special regulations to eliminate legal conflicts and return predictability to the market?
  • Should electricity purchases in organized market segments be exempted from the scope of the Law “On Public Procurement”, and if so, to what extent?
  • How to protect the formula pricing mechanism and at the same time maintain transparency and control over the spending of budget funds?
  • What regulatory, procedural and institutional solutions are needed now so that bona fide suppliers do not bear financial or criminal liability for actions that at the time of their commission complied with the applicable rules?
  • How to avoid a situation where the fear of losses and prosecution forces suppliers to refuse to participate in tenders for hospitals, water utilities and other critical consumers?
  • Is it possible today to develop a single interdepartmental approach to changing the price in public electricity procurement contracts that will be both legal, market-based and predictable?

Event program

15:00-15:15
15:00-15:15
REGISTRATION
15:15-16:00
15:15-16:00
1
PANEL 1 - INSTITUTIONAL CHALLENGES
  • Is it possible to assess the actions of the parties in the 2021–2023 contracts according to the legal approaches formulated by the courts only in 2024–2026?
  • Does the mass prosecutorial appeal of additional agreements pose a risk not only to suppliers, but also to the energy security of the state?
  • What changes should be made to draft law No. 11520 or to special regulation in order to eliminate the legal conflict and return predictability to the market?
  • Should the purchase of electricity in organized market segments be removed from the scope of the Law “On Public Procurement”, and if so, to what extent?
  • How to protect the formula pricing mechanism and at the same time maintain transparency and control over the spending of budget funds?
  • Do courts and law enforcement agencies correctly interpret the provisions of the Cabinet of Ministers of Ukraine Resolution No. 1178 and the mechanism formula pricing?
  • What should be done with contracts concluded during martial law, when businesses operated on the basis of current government regulations and official explanations from state bodies?
  • What regulatory, procedural and institutional solutions are needed now so that bona fide suppliers do not bear financial or criminal liability for actions that at the time of their commission complied with current regulations?
  • Is it possible today to develop a single interdepartmental approach to price changes in public electricity procurement contracts that would be both legal, market-based and predictable?
Moderator:
Artem Martyniuk - vice president of Energy Club, Acting Director General of Ukrainian Distribution Networks JSC (August 2023 - September 2025)
Speakers:
Oleksii Movchan - Member of the Parliament of Ukraine, Deputy Chairman of the Committee, Chairman of the Subcommittee on Regulation of Public Procurement and Effective Management of State and Municipal Property of the Committee on Economic Development of the Verkhovna Rada of Ukraine
Viktoria Gryb - Member of the Parliament of Ukraine, Head of the Subcommittee of the Verkhovna Rada on Energy Security, Member of the Verkhovna Rada Committee on Energy and Housing and Communal Services
Mykhailo Mohnia - Deputy Director of the Public Procurement Department at the Ministry of Economy
Yevhen Yakubovsky - Director of the State Institution Profesiyini Zakupivli
Oleksandr Kudym - Director of Euro Trade Energy LLC
16:00-16:15
16:00-16:15
BREAK
16:15-17:00
16:15-17:00
2
PANEL 2 - PRACTICAL STEPS FOR MARKET PARTICIPANTS
  • Why is electricity, as an exchange-traded product, not included in the logic of a static approach to price changes in public procurement contracts?
  • Can the 10% limit be applied to the electricity market in the same way as to ordinary goods, without the risk of destroying the economics of the contract?
  • Where is the line drawn between a legitimate judicial interpretation of a norm and an actual retrospective change of the “rules of the game” for business?
  • What does the decision of the Constitutional Court regarding Article 23 of the Law “On the Prosecutor’s Office” mean for the market, and can suppliers already use this legal position for protection today?
  • What are the prospects for considering open constitutional proceedings in the case of the constitutional complaint of LLC “Ukr Gaz Resurs” regarding the constitutionality of Clause 2, Part Five, Article 41 of the Law of Ukraine “On Public Procurement”?
  • What are the prospects for the position to the Cabinet of Ministers of Ukraine on the definition of certain norms as unlawful Features of public procurement during martial law Public procurement of goods, works and services for customers provided for by the Law of Ukraine “On Public Procurement” for the period of the legal regime of martial law in Ukraine and within 90 days from the date of its termination or cancellation?
  • How to avoid a situation where fear of losses and persecution forces suppliers to refuse to participate in tenders for hospitals, water utilities and other critical consumers?
Moderator:
Iryna Dmytrotsa - Expert in energy project development and business planning, Head of Operational and Regulatory Policy at Ukrainian Distribution Grids JSC (April 2024 - November 2025)
Speakers:
Krystyna Ian - Director of Energy Sales, ENERGO RESOURСE RI GROUP LLC
Olesia Serebrianyk - Energy Law and Energy Market Attorney, PhD in Law
Vitalii Bulat - Partner at FEDOTOV & PARTNERS Law Firm
Oleksii Hnatenko - Partner, Dispute Resolution Practice, Juscutum
Oleksandr Onyshchenko - Director of Business Development at D.Solutions
Oleksandr Kudym - Director of Euro Trade Energy LLC
17:00-18:00
17:00-18:00
SUMMARY

Moderators

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Iryna Dmytrotsa

Expert in energy project development and business planning, Head of Operational and Regulatory Policy at Ukrainian Distribution Grids JSC (April 2024 - November 2025)

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Artem Martyniuk

vice president of Energy Club, Acting Director General of Ukrainian Distribution Networks JSC (August 2023 - September 2025)

Speakers

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Viktoria Gryb

Member of the Parliament of Ukraine, Head of the Subcommittee of the Verkhovna Rada on Energy Security, Member of the Verkhovna Rada Committee on Energy and Housing and Communal Services

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Oleksandr Kudym

Director of Euro Trade Energy LLC

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Krystyna Ian

Director of Energy Sales, ENERGO RESOURСE RI GROUP LLC

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Oleksii Hnatenko

Partner, Dispute Resolution Practice, Juscutum

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Mykhailo Mohnia

Deputy Director of the Public Procurement Department at the Ministry of Economy

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Yevhen Yakubovsky

Director of the State Institution Profesiyini Zakupivli

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Olesia Serebrianyk

Energy Law and Energy Market Attorney, PhD in Law

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Vitalii Bulat

Partner at FEDOTOV & PARTNERS Law Firm

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Oleksandr Onyshchenko

Director of Business Development at D.Solutions

Terms of participation

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Rules

Participation in the event is confirmed only after full payment of the registration fee.

Registration cannot be transferred to another person without prior agreement with the organizers.

The organizers reserve the right to make changes to the event program, including changes to the time, venue and speakers.

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Participants are required to follow the order and follow the instructions of the organizers during the event.

Failure to comply with the rules may result in the participant being removed from the event without a refund.

The organizers are not responsible for the cancellation or postponement of the event in the event of force majeure (for example, natural disasters, epidemics, political instability, etc.).

For any questions regarding registration, participation and refunds, participants can contact the following contacts: info@iclub.energy.

Participants must behave respectfully towards other participants and speakers.

Any form of discrimination, harassment and aggressive behavior is prohibited.

Any additional services offered during the event (e.g. catering, transport, accommodation) are paid separately and are subject to separate refund and cancellation policies.

By registering for the event, participants confirm their agreement to all of the above terms and conditions.

A full refund is possible in case of cancellation no later than 24 hours before the event. If cancellation occurs less than 24 hours before the event, the funds will not be refunded. Thank you for your understanding.

Team

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Andrii Kostrytsia

President of the Energy Club

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Inha Varlamova

office administrator

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Liubov Asauliuk

accountant

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