Managing Partner

Vitaliy Radchenko

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

Languages

Ukrainian
Russian
English

Social media

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 2012-2024.

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 Association of International Energy Negotiators (AIEN).

Awards & Recognitions

01 –

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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
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"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

Relevant experience

Arise AB on its acquisition of a 70% stake in Norway and Ukraine-focused renewables developer Fenix Repower AS in a bid to diversify its business technologically and gain a foothold in the Ukrainian market
Goldbeck Solar Investment on the contemplated acquisition of a portfolio of RES projects in Ukraine (due diligence and transactional parts)
Tetra Tech ES, Inc on various issues of the biomethane market’s implementation in Ukraine
MND a.s. on its acquisition of a 50% share in the 54.6 MWh Oriv wind power plant in Ukraine
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

Publications

2023

September 2023 - The adoption of the law for prevention of abuse in wholesale energy markets (REMIT)

March 2023 - Building Resilience: Ukrainian Law Firms One Year into the War (ceelegalmatters.com)

2022

July 2022 - Ринок юридичних послуг вже змінився і згодом почне рухатися в бік консолідації та сегрегації - Юридична Газета (yur-gazeta.com)

July 2022 - “We press a button daily to let everyone know we’re safe” – CMS Ukraine managing partner on how it feels to be uprooted during war - The Lawyer | Legal insight, benchmarking data and jobs

May 2022 - Ukraine simplifies licensing and permitting procedures during martial law (cms-lawnow.com)

May 2022 - Ukrainian energy system joins unified European electricity system ENTSO-E (cms-lawnow.com)

May 2022 - War damage in Ukraine: all you need to know to obtain compensation (cms.law)

May 2022 - CMS Appoints Next Kyiv Managing Partner | Law.com International

May 2022 - ‘I believe in our victory’: Defiant Radchenko named CMS Kyiv managing partner - Legal Business

May 2022 - New CMS leader in Ukraine ready to help rebuild nation | News | Law Gazette

May 2022 - Віталій Радченко новий рульовий CMS Cameron McKenna в Україні (deadlawyers.org)

March 2022 - Business during the Martial law in Ukraine - Lexology

March 2022 - Possible Impact of CBAM on the Ukrainian Electricity Market - Lexology

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

Education

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

Practice Areas

Environment Real Estate Dispute Resolution Corporate / M&A Commercial

sectors

Energy & Climate Change Insurance Infrastructure & Projects

Insights

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Vitaliy Radchenko

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

Languages

Social media

Relevant experience

Publications

Memberships & Roles

Education

Practice Areas

sectors

Insights by Vitaliy

Ukraine restores mandatory greenhouse gas emissions reporting

CMS advises MND a.s. on the acquisition of the Oriv wind power plant in...

Ukraine approves new National Energy and Climate Plan

The Law on Mandatory Use of Liquid Biofuels in the Transport Sector entered...