Renewables and “Legacy” Imbalances: The Regulatory and Legal Reality

11.12.25

Our Senior Associate, Yevheniia Sudarikova, gave an insightful interview on one of the most sensitive and business-critical topics in Ukraine’s renewable energy sector: “legacy” imbalances and regulatory stability.

In the interview for EnergoBusiness, Yevheniia explains how regulatory decisions adopted in 2021 effectively shifted not only producers’ own imbalance responsibility but also the trading imbalance of the Guaranteed Buyer onto renewable energy producers. Although this approach was declared unlawful by the Supreme Court in 2022, the market remained in a legal vacuum until 2024.

As a result, significant debt accumulated, much of it driven by excessive and unjustified liability imposed on producers. The discussion also covers key litigation trends with the Guaranteed Buyer and the Regulator (NEURC), as well as the Supreme Court’s core legal positions.

A separate focus is placed on the regulator’s role, the search for a legislative solution for the recalculation of legacy debts, and the direct impact of regulatory instability on investor confidence following the reduction of green tariffs in 2020.

This is a practical conversation about legal risk, state responsibility, and how regulatory decisions directly affect real business in renewables.

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