Legal advice

Project references related to legal and regulatory due diligence of energy companies and projects are presented in the section Due Diligence.

Renewable Energy Sources

Review of Land Documents for Solar Project (2012) – review of land documents prepared by the solar developer to check their bankability and compliance with the effective Ukrainian legislation.

Review of Licensing and Permitting Procedures for Wind Farm Development (2011) – preparation of the general “road map” for permitting and licensing process for a wind farm.

Advice on Grid Connection Procedure for Wind Farm (2011) – comprehensive advice to the developer on arranging grid connection permit for wind farms under development, support in negotiations with local power distribution company and transmission system operator.

Review of RES Legal and Regulatory Framework (2010-2011) – detailed review of legal and regulatory framework related to development, commissioning and operations of different types of RES plants, identification of major risks and options for their mitigation.

Electricity Trading and Export

Review of Legal and Regulatory Framework for Electricity Export and Transit (2011) – review of the legal and regulatory framework, developing proposals on amending legislation with the aim of allowing implementation of investment projects targeted at increase of electricity export from Ukraine to Europe.

Legal Support of Electricity Off-take Transactions (2009-2011) – legal and regulatory advice on electricity market operations in Ukraine, drafting contracts for electricity off-take from the Ukrainian electricity supplier for export to the European countries, daily support and supervision of electricity deliveries.

Translation of the EFET Master Agreement in the Ukrainian (2010) – translation and adaptation of the Master Agreement following task from the European Federation of Energy Traders.

Legal Advice on Participation in Electricity Export Auctions (2007) – advice on participation in the auctions conducted by Ukrinterenergo for export of the Ukrainian electricity to CEE, review of the auction and contractual documentation, preparation of the documents for registration at the auction, negotiations with the state authorities.

Preparation of Electricity Export Contract (2005) – advice on preparation of the electricity export contract between Energoatom and the European off-taker.

Corporate Law

Incorporation of the State Concern “Nuclear Fuel” (2009) – drafting statutory documents and internal procedures, preparing resolution of the Cabinet of Ministers on creation of the concern.

Legal Support to Dniester Hydro Pumped Storage Plant (1998-2007) – advice on corporate governance, organizing shareholders’ meetings, reviewing the contracts for construction services and supply of equipment, organizing procurement process, serving as independent board member in open joint stock company.

Legal Support to Kharkiv CHP-5 (2003-2007) – advice on corporatization of the company, preparation of the statutory documents, advice on registration of the share issue by the State Securities and Stock Market Commission.

Legal Advice to Odessa Shipyards (2004-2007) – advice on privatization, restructuring and attraction of investments, preparing contract documentation for partnership with the European investor, coordinating litigations against the State Property Fund.

Legal Support to Donbasenergo Power Generating Company (2002-2005) advice on corporate restructuring options and separation of non-core assets, preparing company restructuring plan, drafting statutory documents and internal procedures of the company and its affiliates.

Legal Support to German Equipment Manufacturer (2003-2004) – advice on corporate governance issues and purchase of the state’s share in the joint venture in the Western Ukraine, support of negotiations with the state agencies.

Investment Projects, PPP and Privatization

Analysis of PPP Options for CHP Reconstruction (2007-2008) – analysis of potential options for participation of private investors in the investment projects related to the CHP’s reconstruction.

Legal Advice on Structuring “Green Field” Investment Projects (2007-2008) – structuring investment projects on reconstruction of power plants in Ukraine, preparing statutory documents for joint ventures, supporting negotiations with the State Property Fund, Ministry of Fuel and Energy, regional authorities.

Legal Support in Project Structuring – High Voltage Line Construction (2005) – developing the legal scheme for BOT project involving construction of high voltage power transmission line, support of negotiations with the Ministry of Fuel and Energy and transmission system operator.

Privatization of Pavlogradugol (2004) – advice on privatization of Pavlogradugol coal mining holding, legal support during privatization tender.

Analysis of Investment Schemes for “Brown Field” Project (2003-2004) – analyzing various legal schemes for investments into the project on construction of Dniester Hydro Pumped Storage Station.

Legal Support for CHP Lease (2004) – liaison with the State Property Fund to introduce amendments to the lease agreement for the property of Chernigiv Combined Heat Power Plant.

Legal Support to the Coal Mining Enterprise (2000-2001) – creation of a holding structure in the process of privatisation on the basis of several state coal enterprises, legal advice on corporate issues.

Legal Advice on Project Structuring (1998-1999) – developing legal scheme for investments into Burshtyn Thermal Power Station, drafting general investment agreement between investor and Zakhidenergo power generating company (project performed jointly with Dewey Ballantine).

Regulatory Issues & Legislation

Drafting Laws for the Parliament Committee on Fuel and Energy Sector (2005-2009) – drafting the Law of Ukraine “On Arrangements Aimed at Stable Operation of Enterprises in the Fuel and Energy” #2711 and several other drafts laws, supporting their review and approval by the Parliament.

Regulatory Framework for the Waste Treatment Industry (2005-2006, 2009) – preparing conceptual regulatory framework for the state regulation of waste treatment and processing industry and its presentation to the Government.

Licensing support to Cargill AT & Enterprise Inc and Bunge (2006-2008) – legal support in receiving licenses from the National Electricity Regulatory Commission for heat production at cogeneration plants and equipment using renewable or non-traditional energy sources.

Regulatory Advice to AES Kyivoblenergo (2006-2007)advice on amending the power purchase agreement between power distribution company and the Wholesale Electricity Market, preparing changes and amendments to the legislative acts of Ukraine to improve regulatory framework, in particular, concerning settlement schemes for purchased electricity and license cancellation provisions.

Development of Draft Law on Public Private Partnerships (2006-2007) – development of the concept for promotion of Public Private Partnerships in energy, infrastructure and transport, preparation of respective draft law for the Ministry of Economy.

Review of the European Energy Legislation and Procedures  (2005-2006) – review of the major EU legislation in energy field, UCTE and ETSO normative documents related to cross border electricity trade, advice to the Ukrainian TSO and the Ministry of Fuel and Energy on respective adjustment of the national Ukrainian legislation.

Legal Support to the State Property Fund (2003) – drafting energy sector related sections of the Draft Law of Ukraine “On the State Privatization Program for 2003-2008”, participating in drafting tender procedures for privatization of power companies.