Electricity suppliers — market participants providing services to public sector consumers across Ukraine — have reached out to the Public Association “ENERGY UNION” with a request to publicly highlight an important legal issue that has become especially relevant today.
This concerns the ruling of the Grand Chamber of the Supreme Court dated January 24, 2024, in Case No. 922/2321/22, which has significantly impacted contractual relations in the field of public electricity procurement.
According to the Court’s position, the overall increase in the price of goods under a procurement contract may not exceed 10%, regardless of the number or timing of changes throughout the duration of the agreement.
This creates significant risks for the stable energy supply of the public sector, particularly under martial law and in the context of sharp price fluctuations in the electricity market.
As of today, in a case with similar circumstances, the Commercial Cassation Court has recognized the existence of an exceptional legal issue and, by a ruling dated January 29, 2025, in Case No. 920/19/24, has referred it to the Grand Chamber of the Supreme Court for the development of a unified approach in legal practice.
Market participants are appealing to the public, government authorities, and the expert community with the following initiative:
- To provide maximum public exposure to the situation;
- To develop a unified public position on the interpretation of Article 41 of the Law “On Public Procurement”;
- To appeal to the Committees of the Verkhovna Rada of Ukraine on Legal Policy and Energy with the aim of reviewing the current legal interpretation.
A collective appeal is currently being prepared, and all interested participants of the energy market are invited to join.
The Public Association “ENERGY UNION” also plans to organize a thematic online meeting dedicated to this important issue — the date will be announced separately.
We thank our colleagues for their trust and initiative.
The Public Association “ENERGY UNION” stands for open dialogue, legal clarity, and the protection of responsible suppliers.
Together — we are stronger.