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Vitaliy Radchenko

Partner
Head of Energy & Projects, CMS Cameron McKenna Nabarro Olswang

Kyiv (Volodymyrska Street)
6th Floor, 38 Volodymyrska Street
Kyiv
Ukraine
Languages Ukrainian, Russian, English

Vitaliy Radchenko is a partner in the Energy and Projects, Insurance industry practices at CMS Kyiv. He focuses on M&A, financing, commercial law and regulatory advice in oil and gas, mineral resources, conventional & renewable power generation and carbon emissions reduction projects.

Vitaliy is ranked by Chambers Europe 2012-2019 as a Band 1 Energy & Natural Resources lawyer for Ukraine with commentators identifying him as “a standout figure for energy law in Ukraine” and “a superb lawyer, instrumental to the practice”, and highlighting his ‘outstanding knowledge of the Ukrainian energy sector’. Vitaliy also ranked as the leading lawyer for Energy by Legal 500 2012-2019.

Vitaliy is the Co-Chairman of the Fuel and Energy Committees of the American Chamber of Commerce and an active participant of the European Business Association in Ukraine, and is also the first Ukrainian member of the Association of International Petroleum Negotiations (AIPN).

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Relevant experience

  • Eni on a multi-million acquisition of a majority interest in a joint venture company WestGasInvest LLC (which holds nine unconventional (shale) gas licence areas in the Lviv Basin of Western Ukraine, totalling approximately 3,800 km2).
  • Shell on the first production sharing agreements (PSA) for tight gas in Ukraine with the Government of Ukraine.
  • JKX Oil & Gas, a UK-based hydrocarbon exploration and production company:
    • acting as Ukrainian law counsel for JKX in international arbitration proceedings under the Energy Charter Treaty over gas market restrictions and punitive taxation measures;
    • representing the client before Ukrainian courts of various levels in the proceedings to enforce the first emergency arbitrator award;
    • took part in a successful challenge at all three levels of the Ukrainian courts of the Government’s Resolution 647, which allowed the government to vest a Ukrainian state-owned oil and gas company with an exclusive right to supply gas to the most industrial consumers and state-owned companies.
  • NAFTA a.s. in connection with the establishment of a joint venture with Cub Energy Inc, a Houston-based upstream oil and gas company, to pursue a gas exploration project in Western Ukraine.
  • Kulczyk Oil Ventures Limited (arm of one of the largest Polish investment companies - Kulczyk Investments) on the acquisition of Kub-Gas LLC, an independent natural gas producer in Ukraine.
  • The European Federation of Energy Traders (EFET) on adaptation on the EFET standard gas and electricity contracts to Ukraine’s legal framework, prepared legal opinions on enforceability of the EFET General Agreements for electricity and gas, collateral provided under the EFET Credit Support Annex and other related issues, including translation of the whole EFET gas documentation into Ukrainian.
  • Vestas in relation to constraction of the following projects: Botievo (200 MW); Stavki & Beregovaya (21 MW); Stariy Sambir (13,2 MW); Novorosiyske (9 MW).
  • Various major EU gas and electricity suppliers on the gas supply deals with Ukrainian counterparties based on EFET contacts.
  • An EU-based investment fund - on real estate, construction, regulatory, corporate and energy law issues with regard to the construction of a major wind power plant in Ukraine.
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Education

  • 2005 - Master’s Degree in Civil and International Private Law (Distinction), Kyiv National Taras Shevchenko University, Kyiv
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Memberships

  • Co-Chairman, the Energy Committee of the American Chamber of Commerce in Ukraine
  • Member, Fuel and Energy Committee of European Business Association in Ukraine
  • Member, Association of International Petroleum Negotiations (AIPN)
  • Founding member, the Association of Independent Gas Producers of Ukraine
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Publications

  • The International Comparative Legal Guide to: Mining Law 2016
  • The International Comparative Legal Guide to Oil & Gas Regulation 2015
  • The International Comparative Legal Guide to: Mining Law 2015
  • The International Comparative Legal Guide to: Oil & Gas Regulation 2014
  • The International Comparative Legal Guide to: Mining Law 2014
  • The International Comparative Legal Guide to: Oil & Gas Regulation 2013
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Lectures list

  • October 2015 – Speaker at Gas Forum
  • March 2015 – Speaker and moderator at Adam Smith Energy Forum
  • July 2015 – Speaker and moderator at joint EFET and Energy Community workshop
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Feed

Show only
28 January 2019
Ukraine an­nounces PSA tenders for 12 oil and gas fields
14/06/2019
Amend­ments in­tro­duced to Ukraine's un­bund­ling plan
June 2019, the Ukrain­i­an Cab­in­et of Min­is­ters (CMU) ap­proved amend­ments to the com­pre­hens­ive plan for re­struc­tur­ing the na­tion­al joint-stock com­pany Naf­togaz, which is ex­pec­ted to ac­cel­er­ate its un­bund­ling and to en­sure cer­ti­fic­a­tion of the nat­ur­al gas trans­mis­sion.
15 June 2018
CMS ad­vises Scatec Sol­ar on de­vel­op­ing sol­ar power...
14/06/2019
Ukraine takes ma­jor step at bring­ing en­ergy laws in line with EU
On 6 June 2019, the Ukrain­i­an par­lia­ment rat­i­fied the up­dated An­nex XXVII En­ergy Co­oper­a­tion in­clud­ing Nuc­le­ar Is­sues to the EU-Ukraine As­so­ci­ation Agree­ment, which aims at in­creas­ing mar­ket in­teg­ra­tion and bring­ing en­ergy sec­tor reg­u­la­tions in line with key.
5 February 2018
CMS Camer­on McK­enna Nabarro Olswang Ukraine
2017 Cal­en­dar Year in Re­view
10/05/2019
Ukraine es­tab­lishes new re­new­ables gen­er­a­tion sup­port scheme
On 25 April 2019, the Ukrain­i­an par­lia­ment ap­proved the draft law On In­tro­duc­tion of Cer­tain Changes to Laws of Ukraine re­gard­ing En­sur­ing Com­pet­it­ive Con­di­tions for Gen­er­a­tion of Elec­tri­city from Al­tern­at­ive En­ergy Sources No.
31/08/2017
Agree­ment on Syn­chron­isa­tion with ENTSO-E signed
16/04/2019
Ukraine an­nounces tender for massive off-shore hy­dro­car­bon block
Ukraine has just an­nounced a new tender for a 50-year hy­dro­car­bon pro­duc­tion shar­ing agree­ment or PSA in which Ukrain­i­an and for­eign in­vestors are in­vited to com­pete for the huge off­shore sub­soil Dol­phin block, con­sist­ing of al­most 10,000 square kilo­metres.
31/08/2017
Ukraine: A Mile­stone Law on the En­ergy Ef­fi­ciency of...
30/01/2019
Ukraine an­nounces tender for im­ple­ment­ing Ukraine - EU En­ergy Bridge...
On 21 Janu­ary 2019, the Min­istry of En­ergy and Coal in­dustry of Ukraine an­nounced on its web­site the tender for se­lect­ing a private part­ner to im­ple­ment the Ukraine–EU En­ergy Bridge pro­ject. Pre­qual­i­fic­a­tion ap­plic­a­tions may be sub­mit­ted un­til 5 March 2019.
7 September 2016
The In­ter­na­tion­al Com­par­at­ive Guide to Min­ing law 2017
29/01/2019
Ukraine ad­op­ted the new cur­rency reg­u­la­tion sys­tem
On 2 Janu­ary 2019, the Na­tion­al Bank of Ukraine (NBU) ad­op­ted key res­ol­u­tions that align ex­ist­ing reg­u­la­tions with the re­cently passed law “On Cur­rency and Cur­rency Trans­ac­tions” (the “Cur­rency Law”).