Picture of Vitaliy Radchenko

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 2012-2017 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 2012-2017.

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

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15 June 2018
CMS ad­vises Scatec Sol­ar on de­vel­op­ing sol­ar power...
17/01/2019
Ukraine an­nounces PSA tenders for 12 oil and gas fields
On 5 Janu­ary 2019 entered in­to force Res­ol­u­tions passed by the Cab­in­et of Min­is­ters of Ukraine on 18 Decem­ber 2018 (the "Res­ol­u­tions") ap­prov­ing per­form­ance of tenders for ex­e­cu­tion of product shar­ing agree­ments (the "PSAs") for 12 oil and gas fields.
5 February 2018
CMS Camer­on McK­enna Nabarro Olswang Ukraine
2017 Cal­en­dar Year in Re­view
03/01/2019
Ukraine: draft law pro­pos­ing the new re­new­ables gen­er­a­tion sup­port...
On 20 Decem­ber 2018, Ukrain­i­an par­lia­ment ap­proved in the first read­ing 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
21/12/2018
Ukraine cre­ates new op­por­tun­it­ies for de­vel­op­ment of re­new­able power...
On 10 Decem­ber 2018, the Ukrain­i­an Pres­id­ent signed Law No. 2628-VIII dated 23 Novem­ber 2018 “On Amend­ment to the Tax Code and Cer­tain Oth­er Leg­al Acts of Ukraine in Re­la­tion to Im­prove­ment of Man­age­ment and Re­vi­sion of Cer­tain Taxes” (the “Law”), which among.
31/08/2017
Ukraine: A Mile­stone Law on the En­ergy Ef­fi­ciency of...
05/12/2018
Ukrain­i­an of­fi­cials strengthen bor­der entry con­trol dur­ing tem­por­ary...
Fol­low­ing the in­tro­duc­tion of mar­tial law in Ukraine (ef­fect­ive since 28 Novem­ber 2018, more de­tails here), on 30 Novem­ber 2018, the Pres­id­ent of Ukraine an­nounced in so­cial me­dia re­stric­tion on the entry to Ukraine of male Rus­si­an na­tion­als between the ages.
7 September 2016
The In­ter­na­tion­al Com­par­at­ive Guide to Min­ing law 2017
29/11/2018
Mar­tial law not ex­pec­ted to im­pact busi­ness op­er­a­tions in Ukraine
On 26 Novem­ber 2018, Ukrain­i­an par­lia­ment ap­proved and en­acted Pres­id­en­tial De­cree No. 393 "On In­tro­duc­tion of Mar­tial Law" (the "De­cree"), but lead­ers ex­pect that it will be busi­ness as usu­al in Ukraine for the fore­see­able fu­ture.
31/08/2016
E-guide on En­ergy Stor­age
22/11/2018
Ukraine’s Su­preme Court pulls the plug on JKX emer­gency award en­force­ment
By res­ol­u­tion dated 19 Septem­ber 2018 (the “Res­ol­u­tion”) Ukraine’s Su­preme Court con­firmed deni­al of en­force­ment in Ukraine of the emer­gency award (the “Emer­gency Award”) rendered in ac­cord­ance with Ar­bit­ra­tion Rules of the Ar­bit­ra­tion In­sti­tute of the Stock­holm.