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Portrait of Vitaliy Radchenko

Vitaliy Radchenko

Managing 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 Managing partner and Head of the Energy & Projects and Insurance industry practices 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, mineral resources, conventional and renewable power generation and carbon emissions reduction 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 2012-2022.

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.

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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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
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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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Education

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

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
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...
29/12/2021
CMS ad­vises on a break­through in­dus­tri­al joint ven­ture pro­ject in Ukraine
In­ter­na­tion­al law firm CMS has ad­vised 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...
29/12/2021
Ukraine ad­opts new en­ergy ef­fi­ciency le­gis­la­tion
On 13 Novem­ber 2021, Law of Ukraine "On En­ergy Ef­fi­ciency" No. 1818-IX came in­to force(“Law”). The Law sets a leg­al frame­work for im­ple­ment­ing state en­ergy ef­fi­ciency policies ac­cord­ing to European...
23/12/2021
Ukraine: Na­tion­al Com­mis­sion for State Reg­u­la­tion of En­ergy and Pub­lic...
On 17 Decem­ber 2021, the Na­tion­al Com­mis­sion for State Reg­u­la­tion of En­ergy and Pub­lic Util­it­ies of Ukraine (NEURC) is­sued its fi­nal de­cision on the cer­ti­fic­a­tion of the Joint Stock Com­pany Na­tion­al Power...
22/12/2021
CMS ad­vises NAF­TA on ac­quis­i­tion of re­main­ing stake in Uzh­horod gas field...
CMS Camer­on McK­enna Nabarro Olswang in Ukraine has ad­vised NAF­TA In­ter­na­tion­al B.V. (NAF­TA), a Slov­ak oil and gas ex­plor­a­tion, pro­duc­tion and gas stor­age com­pany, on the buy­out of its joint ven­ture part­ner...
06/12/2021
In­vest­ing and Do­ing Busi­ness in Ukraine 2021 Guide
A guide cov­er­ing over 25 sec­tors and in­dus­tries