We invite representatives of Energy Club member companies to a closed strategic session. We will jointly discuss and approve a roadmap for protecting suppliers’ interests in disputes over price changes (clause 2, part 5, article 41 of the Law “On Public Procurement”).
We propose to change tactics from “silent defense” to active legal actions in five areas.
What we will discuss:
- Administrative lawsuit against the Ministry of Economy. Strategy for recognizing the Ministry’s inaction as unlawful, which led to a violation of the principle of legal certainty (contradictory explanations and letters that created legitimate business expectations, and were later refuted by the courts).
- Distribution of liability with the Consumer. Filing recourse claims against customers to recover part of the funds. Justification: additional agreements were signed by mutual consent, therefore, the responsibility cannot lie solely with the supplier.
- Appeal to the Grand Chamber of the Supreme Court. Initiating a review of practice to eliminate the conflict: why is the customer’s official liable under Art. 164-14 of the Code of Administrative Offenses and Art. 44 of the Law, and the financial burden in commercial courts is shifted to the supplier?
- Countering the arbitrariness of the Prosecutor’s Office. Appealing the actions of prosecutors who independently establish “violations” without inspection acts of the State Audit Service, substituting themselves for the control body. Preparing appeals and attorney’s requests to the Prosecutor General’s Office.
- International protection (ECHR). Prospects for appealing retrospective punishment of business for actions that corresponded to the official position of the state at the time of their commission.
Moderator
Artem Martyniuk
vice president of Energy Club, Acting Director General of Ukrainian Distribution Networks JSC (August 2023 - September 2025)
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