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Vitaliy Radchenko

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

Kyiv (Volodymyrska Street)
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 2012-2020 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 2012-2020.

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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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
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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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28 January 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 tenders for ex­e­cu­tion of pro­duc­tion shar­ing agree­ments (the 'PSAs') with the State of Ukraine for 12 oil and g
27 May 2020
CMS Ex­pert Guide to con­sequen­tial loss in the en­ergy sec­tor
Are you look­ing for in­form­a­tion on con­sequen­tial loss in the en­ergy sec­tor? This CMS Ex­pert Guide provides you with everything you need to know.
31 July 2020
Ukrain­i­an par­lia­ment votes for the law cut­ting green tar­iff rates
On 21 Ju­ly 2020, Ukrain­i­an par­lia­ment passed draft law No. 3658 “On amend­ing of cer­tain le­gis­lat­ive acts of Ukraine re­gard­ing im­prove­ment of terms of sup­port of re­new­able en­ergy pro­du­cers” (Im­ple­ment­ing...
15 June 2018
CMS ad­vises Scatec Sol­ar on de­vel­op­ing sol­ar power plants in Ukraine
CMS has ad­vised Scatec Sol­ar ASA (Scatec Sol­ar), a Nor­way-based sol­ar power pro­du­cer, on se­cur­ing two sol­ar pro­jects in the Cher­kassy re­gion of Ukraine.
15 May 2020
CMS Ex­pert Guide to re­new­able en­ergy law and reg­u­la­tion
Are you look­ing for in­form­a­tion on re­new­able en­ergy law and reg­u­la­tion? This CMS Ex­pert Guide provides you with everything you need to know.
24 June 2020
Ukraine agrees with wind in­vestors on FIT cuts. Not all of the sol­ar in­vestors...
On 10 June 2020 memor­andum of un­der­stand­ing re­gard­ing reg­u­la­tion of prob­lem­at­ic is­sues in the sphere of re­new­able en­ergy in Ukraine (MOU) aimed resolv­ing long term ne­go­ti­ations between the Gov­ern­ment...
5 February 2018
CMS Camer­on McK­enna Nabarro Olswang Ukraine
CMS Camer­on McK­enna Nabarro Olswang in Ukraine has had a fruit­ful year, work­ing on a num­ber of high-level man­dates, and con­tinu­ing to en­trench it­self as one of the lead­ing law firms in the mar­ket. Some of our key high­lights and re­cent up­dates are set out
27 April 2020
Ukraine passes new rules for al­loc­a­tion of cross-bor­der elec­tri­city ca­pa­city
On 7 April 2020, the Na­tion­al Com­mis­sion for State Reg­u­la­tion of En­ergy and Pub­lic Util­it­ies of Ukraine pub­lished on their of­fi­cial web-site Res­ol­u­tion No.763 dated 3 April 2020 On the ap­prov­al of the...
31 August 2017
Agree­ment on Syn­chron­isa­tion with ENTSO-E signed
02 April 2020
Ukraine up­dates the pro­ced­ure for is­su­ing sub­soil use per­mits
Ukraine con­tin­ues to take a step-by-step ap­proach to­wards im­prov­ing le­gis­la­tion on sub­soil use. The re­cently passed Am­ber Law in­tro­duced im­port­ant changes to the Sub­soil Code, the Law on Pro­duc­tion Shar­ing...
31 August 2017
Ukraine: A Mile­stone Law on the En­ergy Ef­fi­ciency of Build­ings Ad­op­ted
06 January 2020
Ukraine: im­port­ant changes to sub­soil use le­gis­la­tion
On 27 Decem­ber 2019, the Pres­id­ent of Ukraine signed Draft Law No. 2240 “On Amend­ing of Cer­tain Le­gis­lat­ive Acts of Ukraine re­gard­ing Reg­u­la­tion of Ex­trac­tion of Am­ber” (the “Am­ber Law”) which...