Sayenko Kharenko advised the EBRD on effective legal framework for procurement of energy service in Ukraine

Sayenko Kharenko advised the EBRD on the development of a draft law No. 4549 “On Amending the Law of Ukraine “On the Introduction of New Investment Opportunities, Guaranteeing the Rights and Legal Interests of Business Entities for Largescale Energy Modernization” (on the mechanism of procurement of energy service)“ (the “Draft Law”). The Draft Law was signed by the President of Ukraine on 14 April 2017 and becomes effective after its official publication. Sayenko Kharenko’s team was involved in all the stages of the process leading to the adoption of the Draft Law.

The key goal of the Draft Law is to amend the law of Ukraine establishing legal framework for ESCO projects in Ukraine, which was also developed with support of Sayenko Kharenko and became effective on 9 May 2015. The Draft Law specifies features of procurement of energy service via Prozorro e-procurement system and significantly improves process of implementation of ESCO projects by budgetary institutions of Ukraine. In particular, the Draft Law:

  • gives option to carry out one procurement procedure for the pool of objects;
  • provides for the extended term of energy performance contracts (up to 15 years, which generally constitutes a payback period for such projects);
  • establishes more practical terms for approval of essential terms of energy performance contracts.

Sayenko Kharenko’s team included managing associate Yuriy Draganchuk, junior associate Alla Kushnirenko and was led by partner Nazar Chernyavsky.

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