A complaint has been filed with the Constitutional Court regarding the 10% cap on electricity purchases

A constitutional complaint has been filed with the Constitutional Court of Ukraine regarding the application of the so-called “10% limit” when adjusting prices in electricity purchase agreements.

This was announced by Olesya Serebryanik, an attorney specializing in energy law.

According to her, the problem lies in the fact that court decisions in cases regarding public electricity procurement have effectively begun to be applied retroactively, even though the law does not have retroactive effect.

“The rules by which the market previously operated are now being interpreted differently by the courts,” she noted.

Serebryanik explained that the Constitutional Court could either declare the relevant provision unconstitutional or confirm its constitutionality, but indicate that it was applied by the courts in a manner that contradicts the Constitution.

In the event of such a decision, she said, this could serve as grounds for reviewing final court rulings and changing the Supreme Court’s legal position regarding the application of this restriction.

Previously, market participants stated that current procurement rules complicate the participation of electricity suppliers in tenders, particularly for municipal utilities and hospitals.

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