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Volodymyr Kolvakh

Senior Associate

Contact
T +380 44 391 7731
Kyiv (Volodymyrska Street)
6th Floor, 38 Volodymyrska Street
01054 Kyiv
Ukraine
Languages English, Ukrainian, Russian

Volodymyr Kolvakh is a Senior Associate  in Energy and Projects practice in Kyiv office of CMS Cameron McKenna Nabarro Olswang. Being a member of the Energy & Climate Change practice group Volodymyr primarily handles legal aspects of production and trading of mineral resources and power generation from both conventional and renewable sources. Volodymyr has vast experience advising international oil and gas companies on the wide range of legal matters related to upstream and downstream oil and gas. In particular Volodymyr’s experience in oil and gas sector includes obtaining of subsoil licences and other regulatory permits for exploration and production activities at onshore and offshore blocks, drafting and negotiating various types of contracts, including joint activity (farm-in) agreements, joint operating agreements, drilling and well services contracts, production sharing agreement (PSA) for onshore unconventional gas areas and offshore blocks between the Government of Ukraine and oil and gas majors, addressing related health, safety and environmental issues. In the power sector, Volodymyr among other things takes the leading role in due diligence review of wind, solar and other renewable energy projects and advises on all regulatory aspects for their successful acquisition, development and operation.

Volodymyr also actively participates in alignment of Ukrainian legislation in the energy and climate change sector with EU law and best practices and has been working closely with the Energy Community Secretariat, Delegation of the European Union to Ukraine, World Bank, EBRD, IFC, OPIC, national regulatory authorities and other policymakers in reforming the Ukrainian energy and climate change sector.

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Volodymyr Kolvakh is known for providing straight-to-the-point solutions and advice based on his professional expertise.

Legal 500

Relevant experience

  • International Financial Institution
    • on the Ukrainian Gas Market Reform in line with the EU 3rd Energy package, unbundling and restructuring of Naftogaz of Ukraine and Ukraine's Gas Market Reform Implementation Plan
    • development of secondary legislation to enable the new Gas Market Law (Transmission System Code, Distribution System Code, Storage Code, Rules of Supply, National (Emergency) Plan, standard supply, storage and transportation contracts, etc.)
  • An EU-based investment fund
    • development of the 500 MW wind power plant;
    • regulatory and energy law advice with respect to obtaining the green (feed-in) tariff and compliance with the “local content” requirement;
    • connection of the 500 MW wind power plant, with the electricity grid, negotiation and renegotiation of the interconnection agreement with the national grid operator and technical conditions (options) for grid connection;
    • complex Due Diligence of the project for the purpose of attracting project financing
    • adaptation of the standard power purchase agreement in line with requirements of the financial institutions (creating a bankable PPA in Ukraine)
    • negotiation of the power purchase agreement with the state power off-taker 
  • French multinational electric utility company
    • cross-border trading, import, export and storage of natural gas in Ukraine
    • gas & electricity transactions with Ukrainian customers under EFET standards
    • establishing gas and electricity business in Ukraine
    • tender for 1 GW solar renewable project in Chornobyl Exclusion Zone
  • One of the largest Czech Oil and Gas Production Company on acquisition of a gas production business in Ukraine. Drafted state of the international contracts of a complex production and profit sharing projects and gas treatment services
  • European Federation of Energy Traders (EFET) on adaptation of EFET Gas and Electricity Standard Agreements to Ukraine’s legal framework, prepared legal opinions on enforceability of the EFET General Agreements
  • ExxonMobil on
    • negotiations and various agreements with Ukrainian state oil and gas companies
    • acquisition of geological information
    • various regulatory aspects of upstream business in Ukraine, regulatory, environmental, tax issues, interactions with state authorities,joint bid advice and submission of the bids for various PSA projects in Ukraine
    • PSA for the production of hydrocarbons from the deep water shelf of the Black Sea
  • Shell on legal and regulatory issues of the complex restructuring of the Joint Activity (Farm-In) Agreement with UkrGasVydobuvannya, one of the subsidiaries of NAK Naftogaz of Ukraine - Ukrainian oil and gas monopoly
  • Eni on the multimillion acquisition of a majority interest in a joint venture company WestGasInvest LLC, holding nine gas licence areas in the Lviv Basin of Western Ukraine from Ukrainian state-owned company Nadra Ukrayny and Cadogan Petroleum
  • Polish energy company on
    • gas trading with Ukrainian counter-parties, storage of gas in Ukraine, various aspects of new gas market legislation and standard contracts with the transmission system operator
    • due diligence of a largest private Ukrainian gas trader for the purpose of establishing a joint venture in Ukraine
    • negotiation of the joint venture terms  and transactional documents (SPA, Shareholders Agreement), gas supply contracts
  • McKinsey
    • comprehensive study for optimisation and increasing efficiency of underground gas storage facilities in Ukraine
    • identification of the feasible paths for private sector participation in Ukraine’s underground gas storage, including analysis of related risks for security of supply
    • analysis of inherent legal risks, including those related to disputable stock, liabilities of NJSC "Naftogaz of Ukraine" under loan agreements and respective credit risks from the perspective of their implications for private sector participation
    • steps for obtaining of all necessary environmental permits for maintenance or upgrade interventions on the facilities, if any upgrades required
    • legislative procedures required to initiate abandonment or mothballing of an underground gas storage facility
    • preparation of draft legislative acts to implement above scenarios
  • Scatec
    • due diligence of a number of solar power projects (in pre-construction phase) for the purpose of further acquisition and construction of solar power plants in Ukraine with total capacity portfolio of 181 MW
    • legal support for the acquisitions and development of the projects
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Education

  • 2009 - Advocate (Attorney-at-Law) Certificate, Kyiv City Qualification Disciplinary Bar Commission, Ukraine
  • 2006 - LL.M., Taras Shevchenko Kyiv University, Ukraine
  • 2005 - LL.B., Taras Shevcheno Kyiv University, Ukraine
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20/09/2013
CMS ad­vises lenders on de­but pre-ex­port fin­an­cing for DTEK
CMS has ad­vised Deutsche Bank, Raif­feis­en Bank In­ter­na­tion­al, Gazprom­bank, Er­ste Group Bank and Uni­Cred­it on a USD375 mil­lion coal ex­port pre-pay­ment fa­cil­ity for DTEK, the largest privately-owned com­pany in Ukraine and largest coal pro­du­cer in the c
20/04/2015
CMS Ky­iv rep­res­ents mBank in a dis­pute over trade­mark en­ti­tle­ment
CMS Ky­iv has suc­cess­fully rep­res­en­ted mBank, in a trade­mark dis­pute against Bank Mykhailivsky, one of the biggest Ukrain­i­an banks in the High­er Com­mer­cial Court of Ukraine.Bank Mykhailivsky sought in­val­id­a­tion of mBank’s re­gistered trade­marks due to
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. The pro­jects, with a ca­pa­city of 33 MW and 50 MW, will be the first step to­wards de­vel­op­ing a lar

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November 2018
CEE Soil and Ground­wa­ter Con­tam­in­a­tion Guide
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.
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...
20/09/2013
CMS ad­vises lenders on de­but pre-ex­port fin­an­cing for DTEK
02 August 2018
CMS Ex­pert Guide to elec­tric vehicle reg­u­la­tion and law
Are you look­ing for in­form­a­tion on elec­tric vehicle reg­u­la­tion and law? This CMS Ex­pert Guide provides you with everything you need to know.
24 January 2020
Pro­gress in the Ukrain­i­an oil and gas sec­tor in 2019 and the out­look for...
In 2019, the Ukrain­i­an oil and gas in­dustry and the en­ergy sec­tor saw sev­er­al im­port­ant de­vel­op­ments in­clud­ing: for the first time in sev­er­al years, li­cens­ing rounds and pro­duc­tion-shar­ing agree­ment (PSA)...
27 December 2019
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,...
28 November 2019
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 be­ing p...
08 October 2019
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)....
02 August 2019
Ukraine changes tar­iffs for in­jec­tion and with­draw­al of gas
On 23 Ju­ly 2019, the Na­tion­al Com­mis­sion for State Reg­u­la­tion of the En­ergy and Pub­lic Util­it­ies Sec­tor of Ukraine is­sued Res­ol­u­tion No. 1480 in­creas­ing the tar­iffs for in­jec­tion and with­draw­al of gas...
16 April 2019
Ukraine an­nounces tender for massive off-shore hy­dro­car­bon block
Ukraine has just an­nounced a new tender for a 50-year hy­dro­car­bon pro­duc­tion shar­ing agree­ment or PSA in which Ukrain­i­an and for­eign in­vestors are in­vited to com­pete for the huge off­shore sub­soil Dol­phin...