Topic: Legal barriers for active consumers in public procurement: how to legally buy and sell surplus self-generated electricity through Prozorro.
Despite the war, renewable energy in Ukraine continues to grow rapidly. More and more public institutions are installing solar power plants (SPP) and saving on electricity. At the same time, such consumers are generating surpluses that could potentially be sold under the self-generation mechanism. However, this creates serious legal contradictions:
- self-generation contracts are “tied” to supply contracts;
- Prozorro requires tenders for amounts exceeding UAH 100,000;
- legislation allows procurement but not simultaneous buying and selling;
- hourly netting conflicts with tender conditions, which cannot be changed after signing.
If not urgently resolved, consumers and suppliers may face claims from supervisory authorities, leading to court disputes and financial losses.
As a result of the discussion, Energy Union Association will prepare and submit consolidated proposals to the Ministry of Economy, Ministry of Energy, NEURC, and the Verkhovna Rada Committee on Energy by September 12, 2025.
Special thanks for participation and constructive input to:
- Oleh Kostrykin, Director of the Department for Regulation of Relations and Protection of Consumer Rights in the Retail Electricity Market, NEURC;
- representatives of the Ministry of Economy, in particular Iryna Sopilyuk, Deputy Director of the Public Procurement and Competition Policy Department;
- our member Marta Yukhman, lawyer at PRET Service Energozmin LLC — for her thorough professional presentation that systematized the key challenges.
Further specialized meetings with experts will be held to develop a coordinated solution for the market.
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