Home / People / Vitaliy Radchenko
Portrait of Vitaliy Radchenko

Vitaliy Radchenko

Partner
Head of Energy & Projects, 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 a Partner in the Energy and Projects, Insurance industry practices in Kyiv office of CMS Cameron McKenna Nabarro Olswang. 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 2012-2021 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 2012-2021.

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).

more less

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

Legal 500

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.

Legal 500

Relevant experience

  • 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
more less

Memberships & Roles

  • 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
more less

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
more less

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
more less

Education

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

Feed

17/09/2021
CMS ad­vises CWP on wind pro­ject ac­quis­i­tion in Ukraine
CMS Camer­on McK­enna Nabarro Olswang in Ky­iv has ad­vised CWP Europe (CWP) on the ac­quis­i­tion of 73MW wind pro­ject in de­vel­op­ment. The ac­quis­i­tion marks CWP’s first in­vest­ment in Ukraine.CWP Europe is...
13/09/2021
Ukraine con­siders feed-in-premi­ums to fur­ther sup­port re­new­able en­ergy...
On 26 Au­gust 2021, the Min­istry of En­ergy of Ukraine pos­ted on its web­site a draft law in­tro­du­cing a feed-in-premi­um (FIP) sup­port scheme for re­new­able pro­jects. This new policy in­stru­ment should help...
02/09/2021
Ukraine sim­pli­fies pro­ced­ures for con­nec­tion to elec­tric­al grids
On 15 Ju­ly 2021, the Ukrain­i­an par­lia­ment ad­op­ted draft Law No. 5009 “On Amend­ments to Cer­tain Le­gis­lat­ive Acts of Ukraine on Sim­pli­fic­a­tion of Con­nec­tion to Elec­tric Net­works”, which was cre­ated...
01/09/2021
Ukraine in­tro­duces draft laws fa­cil­it­at­ing use of elec­tric vehicles and...
In Ju­ly 2021, the Ukrain­i­an par­lia­ment ad­op­ted amend­ments to the Tax Code of Ukraine, which provide for cer­tain tax ex­emp­tions for im­ple­ment­a­tion of elec­tric vehicles (EVs) in Ukraine (EV Tax Amend­ments)...
30/07/2021
Plastics and pack­aging laws in Ukraine
1. What is the gen­er­al le­gis­lat­ive frame­work reg­u­lat­ing pack­aging and plastic waste in your jur­is­dic­tion? Cur­rently, Ukraine is in the pro­cess of chan­ging its en­tire sys­tem of waste man­age­ment, in­clud­ing...
Comparable
04/06/2021
Ukraine: Law on Cer­ti­fic­a­tion of Elec­tri­city Trans­mis­sion Sys­tem Op­er­at­or...
On 15 April 2021, the Ukrain­i­an Par­lia­ment ad­op­ted the Law of Ukraine On Amend­ments to Cer­tain Le­gis­lat­ive Acts of Ukraine Con­cern­ing the Cer­ti­fic­a­tion of the Trans­mis­sion Sys­tem Op­er­at­or No. 1396-IX...
15/04/2021
Law and reg­u­la­tion of con­sequen­tial dam­ages clauses in the en­ergy sec­tor...
1. Do the words “con­sequen­tial loss” have a giv­en mean­ing in law? No, the words “con­sequen­tial loss” have no giv­en mean­ing in Ukrain­i­an le­gis­la­tion.Un­der Art­icle 22 of the Ukrain­i­an Civil Code...
23/03/2021
Ukraine: Law on Cer­ti­fic­a­tion of the Elec­tri­city Trans­mis­sion Sys­tem Op­er­at­or...
On 19 Feb­ru­ary 2021, the Ukrain­i­an Par­lia­ment passed in the first read­ing the draft law On Amend­ments to Cer­tain Le­gis­lat­ive Acts of Ukraine Con­cern­ing the Cer­ti­fic­a­tion of the Trans­mis­sion Sys­tem Op­er­at­or...
19/01/2021
Ad­vising the Board on En­vir­on­ment­al Law Risk in CEE
Dir­ect­ors’ risk re­port En­vir­on­ment­al law is firmly and un­doubtedly a board-level is­sue and all busi­nesses need to fo­cus on how it im­pacts their activ­it­ies. En­vir­on­ment­al au­thor­it­ies ex­pect dir­ect­ors...
29/12/2020
Ukraine pro­poses im­ple­ment­ing RE­MIT for en­ergy mar­kets in 2021
On 26 Novem­ber 2020, the Min­istry of En­ergy of Ukraine (the “Min­istry”) has an­nounced that as part of its plans for 2021 it would im­ple­ment European rules on whole­sale en­ergy mar­ket in­teg­rity and...
18/12/2020
Re­new­able en­ergy law and reg­u­la­tion in Ukraine
1. In­tro­duc­tion Re­new­able en­ergy gen­er­a­tion is one of the key pri­or­it­ies for the Ukrain­i­an en­ergy sec­tor and na­tion­al eco­nomy. However, the cur­rent share of en­ergy gen­er­ated from re­new­able en­ergy sources...
09/12/2020
Ukraine en­ables gas TSO to use gas ex­change in­stead of pub­lic pro­cure­ment...
On 2 Decem­ber 2020, the Ukrain­i­an Par­lia­ment ad­op­ted draft law No. 3176 On amend­ing of the Law of Ukraine On Pub­lic Pro­cure­ment re­gard­ing nat­ur­al gas pro­cure­ment. Al­though not yet signed by the Ukrain­i­an...