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Portrait ofVitaliy Radchenko

Vitaliy Radchenko

Managing Partner
Head of Energy & Climate Change, CMS Cameron McKenna Nabarro Olswang

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

Vitaliy Radchenko is the Managing partner and Head of the Energy & Climate Change in the Kyiv office of CMS Cameron McKenna Nabarro Olswang. He focuses on M&A, financing, commercial law and regulatory advice in oil and gas, natural resources, conventional and renewable power generation and carbon emissions reduction projects and clean tech projects.

Vitaliy is ranked by Chambers Europe 2012-2022 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 is also ranked as a leading lawyer for Energy by Legal 500 2012-2023.

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 Negotiators (AIPN).

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"Vitaliy Radchenko shows leadership, attention to clients’ needs, commercial awareness, and great knowledge of the business sector and legal trends."

The Legal 500, 2020

"Vitaliy Radchenko is well known and praised for his personal and unique approach to each client. He has a very proactive position in advising his clients."

The Legal 500, 2020

Relevant experience

  • Air Products on the establishment of a joint venture (JV) with ArcelorMittal for the construction of a new modern air separation unit at the ArcelorMittal Kryvyi Rih steel plant in Ukraine
  • NAFTA International B.V. (NAFTA), a Slovak oil and gas exploration, production and gas storage company, on the buyout of its joint venture partner, Cub Energy Inc., to become the owner of 100% of the Ukrainian company which holds a licence for the exploration and production of hydrocarbons near Uzhhorod, Ukraine
  • CWP Europe (CWP) on the acquisition of 73MW wind project in development
  • Scatec Solar ASA, a Norway-based solar power producer, on:
    • the acquisition of a stake in solar projects portfolio from Rengy Development, one of the largest developers and independent solar power producers in Ukraine, with the aim to build solar power plants with the total capacity of 47 MW in the Mykolaiv region of Ukraine
    • the acquisition of two solar projects in the Cherkassy region of Ukraine, with a capacity of 33 MW and 50 MW
    • the acquisition of the 148 MW Progressovka solar power project in the Mykolaiv region
    • on acquisition of a solar power project with the capacity of 50 MW in the Kherson region of Ukraine
  • Acciona Energía
    • due diligence of a number of projects and the further activities of the company in Ukraine
    • establishment of a joint venture with UDP Renewables, a leading investment and development company in the Ukrainian renewable energy industry, in relation to three solar power plants with a total capacity of 33.3 MW in the Odesa region of Ukraine
    • full assistance for the client in contract negotiations in relation to its activities in Ukraine
  • EuroCape New Energy Limited – as a borrower and sponsor respectively in relation to equity and senior debt financing, for the construction of the first phase (98MW) of 500MW wind farm in Ukraine. CMS acted on all Ukrainian law 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.
  • McKinsey/EU Delegation to Ukraine - preparing comprehensive study of underground gas storage facilities in Ukraine; carrying out assessment of the existing and expected legislative framework applying to Ukraine’s gas storages with a view to introducing the private sector participation
  • 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
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Memberships & Roles

  • Co-Chairman, the Energy Committee of the American Chamber of Commerce in Ukraine
  • First Ukrainian member of the Association of Independent Petroleum Negotiators (AIPN)
  • Legal Secretary of the Association of Natural Gas Producers of Ukraine
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Publications

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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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Feed

27/03/2024
Plastics and packaging laws in Ukraine
1. What is the general legislative framework regulating packaging and plastic waste? Currently, Ukraine is in the process of changing its entire system of waste management, including the regulation of...
Comparable
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...
06/09/2023
CMS bolsters Kyiv Energy & Climate Change practice
International law firm CMS’ Kyiv office has bolstered its Energy & Climate Change practice with the appointment of Bohdan Shmorhun as Senior Associate. Bohdan is a Ukrainian qualified lawyer and has...
15/03/2023
Rebuilding Ukraine
Ukraine’s National Recovery Plan envisions USD 750bn accumulated investment, and foreign governments and international financial institutions have pledged USD 1trn in support. Importantly, international support is targeting more than just rebuilding the destruction caused by the war; it is targeting Ukraine’s future economic recovery and growth. The private sector will play a vital role, and the government is rapidly implementing in­vestor-friendly reforms to enable the necessary scale of private investment, including EU mar­ket-in­teg­ra­tion agreements as it fast-tracks to EU candidacy. Ukraine’s reconstruction and recovery represents an unprecedented opportunity, both for Ukraine and for Europe. With lawyers qualified in Ukrainian and UK law operating in Kyiv since 2007, CMS can advise on:Business re­lo­ca­tion­Cloud-based op­er­a­tionsDoc­u­ment­ing and enforcing war dam­ageIn­sur­an­ceR­isk assessment and contingency planningMartial law and legal re­formsFin­an­cing, investing, and rebuilding and recovery opportunities. Get involved nowOur aim is to help companies participate meaningfully in the opportunities being created for Ukraine’s reconstruction and recovery. We offer specific services that can help your company. We have developed a short overview of Rebuilding Ukraine opportunities and latest updates, which is available for downloading. However, if  you would like to receive more information about “Rebuilding Ukraine” opportunities fill in the form below and we would reach out to you. 
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...
27/07/2022
Investing and Doing Business in Ukraine 2022/2023
Compiled with the benefit of the experience of partners at CMS Cameron McKenna Nabarro Olswang Ukraine, this extensive guide covers over 25 sectors and industries and key impacts of the war on business in Ukraine.
25/05/2022
CMS advises FAS Energy on acquisition of solar power plant in Kyiv region
International law firm CMS Cameron McKenna Nabarro Olswang in Kyiv has advised FAS Energy on the acquisition of a solar power plant being developed in the Kyiv region, with an expected capacity of 112MW...
24/05/2022
CMS announces new Managing Partner in Kyiv
International law firm CMS Cameron McKenna Nabarro Olswang has appointed Vitaliy Radchenko as the new Managing Partner of its Kyiv office. Vitaliy joined the firm in 2007 and focuses his practice on M&A...
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...