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Vitaliy Radchenko

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

Kyiv (Volodymyrska Street)
6th Floor, 38 Volodymyrska Street
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 2012-2019 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 2012-2019.

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

  • 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

Show only
28 January 2019
Ukraine an­nounces PSA tenders for 12 oil and gas fields
06 Jan 20
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...
15 June 2018
CMS ad­vises Scatec Sol­ar on de­vel­op­ing sol­ar power...
27 Dec 19
Ukraine to launch mon­it­or­ing of GHG emis­sions
On 12 Decem­ber 2019, the Ukrain­i­an par­lia­ment ad­op­ted the MRV Law im­ple­ment­ing the European stand­ards for mon­it­or­ing of green­house gas emis­sions (GHG). This MRV Law, en­titled On Prin­ciples of Mon­it­or­ing,...
5 February 2018
CMS Camer­on McK­enna Nabarro Olswang Ukraine
2017 Cal­en­dar Year in Re­view
28 Nov 19
The Law on Un­bund­ling has come in­to force
On 17 Novem­ber 2019, the long awaited “Un­bund­ling Law” (the Law of Ukraine “On Amend­ments to Cer­tain Laws due to Un­bund­ling of Nat­ur­al Gas Trans­mis­sion Activ­ity” No. 264-IX) came in­to force after...
31 Aug 17
Ukraine: A Mile­stone Law on the En­ergy Ef­fi­ciency of...
08 Oct 19
Ukraine in­tro­duces new GTS un­bund­ling plan
On 18 Septem­ber 2019, the Ukrain­i­an cab­in­et ap­proved a new plan for re­struc­tur­ing the na­tion­al joint-stock com­pany Naf­togaz and a new mod­el for un­bund­ling of the Ukrain­i­an gas-trans­mis­sion sys­tem (GTS)....
31 Aug 17
Agree­ment on Syn­chron­isa­tion with ENTSO-E signed
12 Sep 19
Ukraine passes new pro­ced­ure for es­tab­lish­ing "green" tar­iff
On 30 Au­gust 2019, the Na­tion­al Com­mis­sion for State Reg­u­la­tion of En­ergy and Pub­lic Util­it­ies of Ukraine ad­op­ted a res­ol­u­tion ap­prov­ing a new pro­ced­ure for es­tab­lish­ing, re­view­ing and ter­min­at­ing the...
7 September 2016
The In­ter­na­tion­al Com­par­at­ive Guide to Min­ing law 2017
20 Aug 19
Ukraine takes an­oth­er step in its sup­port of elec­tric cars
On 6 Au­gust 2019, the Pres­id­ent of Ukraine signed the Law of Ukraine No. 2754-VIII dated 11 Ju­ly 2019 (Law) which sim­pli­fies the rules per­tain­ing to elec­tric vehicles (EV) on Ukrain­i­an roads. The Law,...