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Maryna Ilchuk

Counsel

Contact
CMS Cameron McKenna Nabarro Olswang
6th Floor,
38 Volodymyrska Street,
01054 Kyiv
Ukraine
Languages Ukrainian, English, German, Russian

Maryna Ilchuk is based at the Kyiv office of CMS Cameron McKenna Nabarro Olswang.

Maryna Ilchuk advises domestic and foreign clients operating in the Energy, Oil & Gas sector on a broad range of legal and regulatory issues. She provides full service legal advice on the entire lifecycle of energy companies, with a particular focus on the commercial and technical aspects of the energy industry. 

In the electricity sector, Maryna is involved in cross-border projects (transit, export and import) and advises electricity traders. In the oil and gas sector, Maryna advised a foreign investor on the first ever full-scale Production Enhancement Contract (PEC) in Ukraine, and is actively involved in advising servicing companies on their contracts with largest state production company. She provides advice to gas traders regarding their day-to-day activity and contract relationships with Ukrainian counterparties. Maryna took part in the project on unbundling the state-owned energy company Naftogaz Ukraine, and analysed the possible models of separating and restructuring the fuel and energy market in general. 

Maryna has substantial experience in renewable energy projects, representing both investors, target companies and EPC-contractors, and she leads legal due diligences in acquisition projects. She also advises on various legal issues related to the production and sale of renewable energy. 

Maryna advises industry and the public sector on the implementation of energy efficiency projects. She has supported projects for structuring the relationships of public and private partners, in particular involving the cooperation of foreign investors with state enterprises and authorities. Maryna also has experience in energy disputes.

Maryna has been admitted to the Ukrainian Bar as an advocate since 2019.

Maryna is a recommended lawyer in Energy and Natural Resources by Chambers Europe 2016–2022. She is recommended by Who’s Who Legal 2020-2022, by IFLR rated as a Rising star for Ukraine, ranked as the Best Lawyer in Energy & Natural Resources, Mining and Oil & Gas by Best Lawyers ranking, and is mentioned as a Notable Practitioner by Ukrainian Law Firms Rankings 2016–2021. Clients say: “She always knows about all the changes, and she understands how they influence business”.

Maryna is a Member of the Ukrainian Bar Association, Board Member of the Women’s Energy Club, and is a member of Association of International Petroleum Negotiators (AIPN).

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"She always knows about all the changes, she understands how they influence business"

Client feedback, 2019

Relevant experience

  • FAS Energy on the acquisition of a solar power plant being developed in the Kyiv region, with an expected capacity of 112MW, from a Ukrainian developer
  • CWP Europe (CWP) on the acquisition of 73MW wind project in development
  • Acciona Energía, the biggest global energy company operating exclusively in the renewable energy sector, on:
    • due diligence of a number of solar power projects (in pre-construction phase) for the purpose of further acquisition
    • legal support for the acquisitions and development of the projects
    • full assistance for the client in contract negotiations in relation to its activities in Ukraine
  • Polish oil and gas exploration and production company - on cross-border trading, import, export and storing of natural gas in Ukraine including:
    • on gas trading with Ukrainian counter-parties, storage of gas in Ukraine under customs warehouse regime, various aspects of new gas market legislation and standard contracts with the transmission (storage) system operator, day-to day support on their contracts with Ukrtransgaz and Ukrainian counterparties-traders, operating under customs warehouse regime
  • Schlumberger:
    • providing legal assistance in negotiations with Ukrainian oil and gas company of USD 100 million Coiled Tubing Services Contract, foreseeing in particular provision of high-technology services using CT units and engineering support on various regulatory aspects of the company’s oil & gas activities in Ukraine
  • Halliburton - providing legal advice and full support on regulatory issues related to oil and gas activities that Halliburton intends to undertake in Ukraine
  • Expert Petroleum on Ukrainian law issues of the production enhancement contracts and related legal matters, as well as on supporting the client in the negotiation of the production enhancement contracts as a part of the company’s activities in Ukraine
  • Vermilion on:
    • joint bid advice and submission of the bids for product sharing agreements bids within Ukraine's 2019 Production Sharing Agreement program to be a major new program designed to attract private international and domestic companies to invest in energy production
    • assistance in drafting and negotiations of the product sharing agreements for the production of hydrocarbons
  • EuroCape New Energy Limited – as a borrower and sponsor respectively in relation to equity and senior debt financing, for the construction of a wind farm in Ukraine. CMS acted on all aspects of the project development and financing including the negotiation of all transactional documents, as well as related advice on real estate, banking and finance, energy regulatory issues and due diligence aspects
  • Scatec Solar ASA, a Norway-based solar power producer, on:
    • on due diligence of a solar power project with the capacity of 50 MW in the Kherson region of Ukraine (in pre-construction phase) for the purpose of further acquisition
  • McKinsey: comprehensive study for optimisation and increasing efficiency of underground gas storage facilities in Ukraine
  • Danske Commodities on wholesale and retail gas trading, and gas import & export from/to Ukraine, in negotiations with Ukrainian authorities and energy companies in regard to possible cooperation in transit and/or export of electricity; as well as providing full legal support in contractual issues
  • Akuo Energy on EBRD financing of a 110MW wind farm project in South East Ukraine
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Publications

2023

2022

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Education

  • 2011 – Master degree in law, National university of Kyiv-Mohyla Academy, Kyiv
  • 2010 – Specialist, National university of Kyiv-Mohyla Academy, Kyiv
  • 2009 – Bachelor, National university of Kyiv-Mohyla Academy, Kyiv
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Feed

07/03/2024
Renewable energy in Ukraine
1. Introduction Renewable energy generation is one of the key priorities for the Ukrainian energy sector and national economy. Due to the above, before the war (24 February 2022), the renewable energy...
11/09/2023
The adoption of the law for prevention of abuse in wholesale energy markets...
The law No. 3141-IX “On making amendments to certain laws of Ukraine for prevention of abuse in wholesale energy markets” (“Law No. 3141-IX”)[1] was adopted on 10 June 2023 and entered into force...
30/11/2022
War damage in Ukraine: all you need to know to obtain compensation
According to a report on 9 September 2022 prepared by the World Bank, the European Commission and the Ukrainian government, the cost of rebuilding Ukraine and its economy has already reached at least...
06/05/2022
Ukrainian energy system joins unified European electricity system ENTSO-E
On 16 March 2022, Ukraine joined the unified continental European electricity system ENTSO-E and completed an emergency synchronisation of its power grids with the ENTSO-E in response to Russia's invasion...
03/05/2022
Ukraine simplifies licensing and permitting procedures during martial law
On 18 March 2022, the Cabinet of Ministers of Ukraine adopted Resolution No. 314 “On Certain Matters for Ensuring Business Activity During Martial Law”. For the duration of martial law, the Resolution...
21/03/2022
Business during the Martial law in Ukraine
In an effort to help businesses navigate these extreme and challenging times, CMS has prepared an overview of the key issues the business sector is currently facing. This overview covers the legal implications...
29/12/2021
Ukraine adopts new energy efficiency legislation
On 13 November 2021, Law of Ukraine "On Energy Efficiency" No. 1818-IX came into force(“Law”). The Law sets a legal framework for implementing state energy efficiency policies according to European...
23/12/2021
Ukraine: National Commission for State Regulation of Energy and Public...
On 17 December 2021, the National Commission for State Regulation of Energy and Public Utilities of Ukraine (NEURC) issued its final decision on the certification of the Joint Stock Company National Power...
24/11/2021
Hydrogen law, regulations & strategy in Ukraine
1. Current state of hydrogen projects in Ukraine Hydrogen is gaining increased recognition in Ukraine as a prospective energy source that will assist the country to meet its decarbonisation targets. The...
05/11/2021
Ukraine develops draft legislation regulating energy storage
On 17 September 2021, the Ukrainian parliament registered the Draft Law “On Amendment of Certain Laws of Ukraine Regarding Energy Storage Systems” No. 5436-д dated 17 September 2021 (ESS Draft Law)...
30/09/2021
Ukraine to introduce regulation of biomethane
On 9 September 2021 the Draft Law No. 5464 dated 5 May 2021 was adopted in the first reading , which, if adopted in full, will establish regulation on biomethane in Ukraine. In order to enter into force...
30/09/2021
Changes to Ukrainian electricity market: Implementation of new PSO mechanism...
On 11 August 2021, the Cabinet of Ministers of Ukraine approved its Resolution No. 859 (PSO Resolution), which implements a new mechanism of public service obligations (PSOs) in relation to the supply...