Picture of Vitaliy Radchenko

Vitaliy Radchenko

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

CMS Cameron McKenna Nabarro Olswang LLC
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

Show only
31/08/2017
Agree­ment on Syn­chron­isa­tion with ENTSO-E signed
22/09/2017
Ukraine: Loan Re­gis­tra­tion Re­quire­ment Lif­ted for IFIs
On 13 Septem­ber 2017, the Na­tion­al Bank of Ukraine (the “NBU”) ad­op­ted the Res­ol­u­tion No. 88, which cre­ates a more con­du­cive en­vir­on­ment for the fin­an­cing of pro­jects in Ukraine by in­ter­na­tion­al fin­ance in­sti­tu­tions (“IFIs”).
31/08/2017
Ukraine: A Mile­stone Law on the En­ergy Ef­fi­ciency of...
20/09/2017
Ukraine: im­prov­ing the stand­ard Power Pur­chase Agree­ments to boost...
On 14 Septem­ber 2017, the Na­tion­al Com­mis­sion for Reg­u­la­tion of En­ergy and Pub­lic Util­it­ies Sec­tors of Ukraine (the “Reg­u­lat­or”) has in­tro­duced sev­er­al ma­jor amend­ments to the stand­ard Power Pur­chase Agree­ment (“PPA”) to cre­ate fa­vour­able fin­an­cing con­di­tions.
7 September 2016
The In­ter­na­tion­al Com­par­at­ive Guide to Min­ing law 2017
28/08/2017
Ukraine: new li­cens­ing con­di­tions for elec­tri­city sup­ply
Fol­low­ing the ad­op­tion of new li­cens­ing con­di­tions for elec­tri­city gen­er­a­tion[i], new li­cens­ing con­di­tions for elec­tri­city sup­ply (the “Li­cens­ing Con­di­tions”) were ad­op­ted by the Na­tion­al Com­mis­sion for State Reg­u­la­tion of the En­ergy and Pub­lic Util­it­ies Sec­tors.
31/08/2016
E-guide on En­ergy Stor­age
24/07/2017
Ukraine: cross-bor­der loans and for­eign cur­rency pur­chase reg­u­la­tions...
The Na­tion­al Bank of Ukraine (the “NBU”) has ex­ten­ded the list of ex­cep­tions to the pro­hib­i­tion on the early re­pay­ment of cross-bor­der loans and sim­pli­fied pro­ced­ure for re­pat­ri­ation of for­eign in­vest­ments.
25/01/2016
The ICLG to Oil & Gas Reg­u­la­tion 2016 Edi­tion
21/07/2017
Ukraine ad­opts law trans­pos­ing EU EIA Dir­ect­ive 
On 23 May 2017, the Par­lia­ment ad­op­ted the Law No 2059-VIII “On En­vir­on­ment­al Im­pact As­sess­ment” (the “EIA Law”). The Law came in­to ef­fect on 18 June 2017. The pro­ced­ures provided by the EIA Law will be­come man­dat­ory and ap­plic­able start­ing from 18 Decem­ber.
25/08/2015
The In­ter­na­tion­al Com­par­at­ive Leg­al Guide to: Min­ing...
11/07/2017
Ukraine: A Mile­stone Law on the En­ergy Ef­fi­ciency of Build­ings Ad­op­ted
On 22 June 2017, a mile­stone law “On the En­ergy Ef­fi­ciency of Build­ings” (the “Law”) was passed by the Par­lia­ment. It aims to set forth a new reg­u­lat­ory frame­work for en­ergy ef­fi­ciency that will ap­ply to the ma­jor­ity of the build­ings in the coun­try.
05/12/2014
The In­ter­na­tion­al Com­par­at­ive Leg­al Guide to Oil &...
11/07/2017
Ukraine: Mod­ern Rules Ad­op­ted for the De­vel­op­ment of Oil and Gas Fields
On 15 March 2017 the Min­istry of Eco­logy and Nat­ur­al Re­sources of Ukraine ad­op­ted the Rules for De­vel­op­ment of Oil and Nat­ur­al Gas Fields (the Min­istry’s Or­der No 118 dated 15 March 2017, here­in­after – the “Rules”).
18/08/2014
The In­ter­na­tion­al Com­par­at­ive Leg­al Guide to: Min­ing...
10/07/2017
Ukraine: Agree­ment on Syn­chron­isa­tion with ENTSO-E signed
On 28 June 2017, Na­tion­al En­ergy Com­pany UKREN­ERGO (the state-owned op­er­at­or of Ukraine's uni­fied power sys­tem, i. e. , the TSO) signed an agree­ment on Ukraine’s ac­ces­sion to the European Net­work of Trans­mis­sion Sys­tem Op­er­at­ors (ENTSO-E) in Brus­sels.
5/11/2013
In­sur­ance: Cov­er­age de­fences in Europe
29/06/2017
Ukraine: New rules for NBU in­di­vidu­al li­cences. For­eign cur­rency ex­change...
The Na­tion­al Bank of Ukraine (“NBU”) ad­op­ted a set of res­ol­u­tions to lift some of the for­eign cur­rency re­stric­tions and sim­pli­fy in­vest­ments abroad by res­id­ents of Ukraine. The new rules provide more flex­ib­il­ity to Ukrain­i­an in­vestors and sim­pli­fy ob­tain­ing.