Energy Club continues its series of expert discussions regarding the reform of the national Regulator. We have already heard the political motivation of the bill authors. Now, it is time for a cold, hard legal analysis.
Two approaches are on the table: “rapid rotation” (complete renewal of the composition within a year) and “deep vetting” (lifestyle monitoring and decision audits). Both scenarios carry legal risks: from the questionable constitutionality of dismissals to the paralysis of NEURC’s operations due to a lack of quorum.
We are inviting leading lawyers from energy companies and legal experts to dissect Bills No. 14282 and No. 14282-1. We will discuss practical issues: will the reform lead to a wave of lawsuits, a halt in licensing, and chaos in tariff setting?
Key Discussion Points:
Dismissal Mechanisms: How legally flawless is the mechanism for dismissing current NEURC members proposed in both bills? Are we planting a time bomb where dismissed members will be reinstated through the courts (as has happened before)?
Legitimacy & Quorum: How can we ensure the legitimacy of the Regulator’s decisions during the transition period? Is there a risk of losing quorum during the phased rotation or delays in the competition, and how will this impact licensees (tariffs, certification, licenses)?
Selection Commission Models: A legal analysis of the proposed selection commission models. What risks does the participation of foreign experts with a decisive vote entail (specifically the issue of legal liability of non-residents)?
Voting & Liability: The alternative bill proposes banning abstentions during voting and introducing strict liability for “unlawful decisions.” How will this work in practice: as a tool for discipline or a mechanism for pressure and criminal prosecution for collegial decisions?
Market Stability: Which reform model (complete reboot or targeted vetting) creates less turbulence for market participants? What amendments should the business community recommend for the second reading to protect the stability of the regulatory field?
Partner, Dispute Resolution Practice, Juscutum
lawyer in the gas sector
Lawyer, Chairman of the Energy Law Committee of the National Bar Association of Ukraine (UNBA)
Chairman of the National Commission for State Regulation of Energy (2011–2014)
Vice President of Energy Club, former Deputy Minister of Energy of Ukraine
