Адвокатська компанія "Соколовський і партнери"

📅 Next week, on December 5, Ivan Balytskyi, a partner at our law firm and the Head of the Legal Committee of the Solar Energy Association of Ukraine, will hold an open meeting on the topic:  "What to Expect for Market Participants in 2025? Legislative Changes" During the meeting, we will discuss:  ✅ Analysis of draft laws No. 11301-d and No. 11392.   ✅ Ban on the forced collection of debts from Guaranteed Buyer and Universal Service Providers (USP).   ✅ Simplification of the connection process for renewable energy installations and capacity reservation.   ✅ Expansion of opportunities for "active consumers."   ✅ Discussion of participants' questions and proposals.  🗓️ Date: December 5   ⏳ Time: 15:00 - 16:00   🖥️ Format: ZOOM  Join us to participate in the discussion and ask the expert your questions. 🔗 Register to participate via the link.-https://lnkd.in/dZiFxVNi 

Last week, as part of the Water Solar Recovery Forum, Vladyslav Sokolovskyi, a partner at our law firm and the Chairman of the Board of the Solar Energy Association of Ukraine, moderated the second-panel discussion: “Measures to Ensure Energy Stability in the Water Sector.” 🎤 Following Mr. Vladyslav’s opening remarks, Olga Babii was invited to speak on “Energy Independence of Water Companies.”Ms. Olga has deep expertise in the "inner workings" and challenges water utilities face, as she served as the Director of Bilotserkivvoda LLC from 2013 to 2017. For more than five years, she was a member of the National Energy and Utilities Regulatory Commission of Ukraine (NEURC). Currently, she is an Advisor to the Secretary of the National Security and Defense Council of Ukraine.  During her speech, Ms. Olga spoke about energy security, the energy supply for water utilities, energy efficiency, financing tools for projects via the State Decarbonization Fund, and the specific steps needed to implement renewable energy projects on the premises of water utilities.  Ms. Olga emphasized:  Ensuring the energy supply for water infrastructure is indeed a matter of national security. We must share our unique experience with successful cases not only within our country but also with our international partners. This is critically important.”  One of the key topics of the session was successful renewable energy case studies.  🎤 Viktor Humeniuk, Director of Lutskvodokanal, presented a successful case study on installing a solar power plant to meet the energy needs of a water utility. This was achieved through effective collaboration between the enterprise and a Ukrainian bank.  Mr. Viktor explained how Lutsk launched a solar power plant with a capacity of 0.6 MW, consisting of four modular photovoltaic stations. The plant is located on water treatment facilities that supply water to 70% of the city. The station almost fully meets the electricity needs of the local water utility. The solar power plant operates on the principle of *Net Billing*: during peak generation hours, it entirely powers the water treatment facilities, with surplus energy being fed into the general energy grid.  As Mr. Humeniuk noted, the project was implemented under the “5-7-9” credit program with a five-year term. He expressed confidence that the positive experience of Lutskvodokanal would benefit colleagues planning to install solar power plants at similar facilities.  🔥 ReBuild Ukraine demonstrates that combining expert knowledge, innovative solutions, and financial instruments is the key to achieving energy independence and stability for Ukraine’s energy sector.  

Yesterday, Vladyslav Sokolovskyi, a partner at our law firm and Chairman of the Board of the Solar Energy Association of Ukraine, spoke as a panelist in Section 2.2 of the Energy Conference at Rebuild Ukraine. Together with experts, he discussed the topic: “Renewable Energy as an Integral Part of Security and Economic Resilience of Ukraine’s Energy System.” 🎤 In his speech, Mr. Sokolovskyi outlined the current state and investment prospects in Ukraine’s solar energy sector. The era of the "green" tariff for industrial solar power plants in Ukraine has ended, and that is a fact. The green tariff for new projects is now lower than the market price. As Vladyslav Sokolovskyi noted:   “The feed-in tariff for new renewable energy generation stands at €0.04 per kWh VS €0.12—the weighted average market price on the day-ahead market as of October 10, 2024. Effective tools that can already be utilized today include:   ✅ Active Consumer Mechanism – This allows producers to sell excess electricity at prices defined by law or at free market rates. No production license is required for active consumers.   ✅ Corporate PPAs (cPPAs) – Long-term power purchase agreements where renewable energy buyers are private companies, not state-designated enterprises (such as Ukraine’s State Enterprise 'Guaranteed Buyer').   ✅ Electricity sales by producers in the market:  ✔️ Directly on the open market   ✔️ Via bilateral agreements with traders   ✔️ To buyers under cPPAs   ✅ Participation in renewable energy auctions for support quotas: According to the rules, auction winners enter into a contract with the State Enterprise 'Guaranteed Buyer' for providing services under the market premium mechanism. These contracts are valid for 12 years.  ❗️To ensure these tools work more effectively, the following are needed:   📌 Full harmonization of Ukraine’s energy legislation with EU regulatory acts   📌 Increased quotas for renewable energy auctions   📌 Full transition to market mechanisms for electricity price formation across all market segments   📌 Maximum support for the development of ancillary services markets   📌 Implementation of Cable Pooling 📌 A systematic approach to integrating distributed generation into the country’s unified energy system   📌 Recognition of Ukrainian Guarantees of Origin within the EU  Summing up the results, Mr. Sokolovskyi said:   “Today has been truly productive and dynamic. Undoubtedly, Ukraine is now in the spotlight. There is significant interest in the Ukrainian energy market. Investors are eager to invest in the reconstruction and development of our country. Our main task is to seize these opportunities and support this willingness to invest.”

This Thursday in Warsaw, ReBuild Ukraine: Construction and Energy and the Water Solar Recovery Forum will take place. Vladyslav Sokolovskyi, partner at our law firm and Chairman of the Board of the Solar Energy Association of Ukraine, will be a speaker at the Energy Conference and will also moderate the second panel of the Water Solar Recovery Forum: "Measures to Ensure Energy Stability in the Water Sector." During the panel, we will discuss: ✅ The National Energy Efficiency Action Plan until 2030; ✅ The State Targeted Economic Program for Energy Modernization of State and Municipally Owned Water Supply and Sewerage Enterprises, for the period up to 2030; ✅ Removing barriers to promote investments in energy efficiency for public buildings in small and medium-sized cities in Ukraine through the use of ESCO mechanisms; ✅ Local generation at "Lutskvodokanal" – an example of successful collaboration between an enterprise and a Ukrainian bank. Joining the discussion: 👤 Anna Zamazeeva, Head of the State Agency on Energy Efficiency and Energy Saving of Ukraine; 👤 Oleksii Korchmit, Head of the NGO "Ukrainian Association of Energy Service Companies," UNDP Project Expert; 👤 Viktor Humeniuk, Director of Lutskvodokanal. Join us in exploring investment opportunities and the rebuilding of Ukraine's energy sector at one of the largest business platforms. More information about the program and tickets: https://lnkd.in/daKZMjHB

📅 Last week, Tetiana Lysovets, partner at our law firm and Vice-President of the Ukrainian Bar Association, along with Ігор Шевченко, Legal Innovation Officer and Head of the IT/IP practice at "Sokolovskyi & Partners," participated in IP UKRAINE NOW 2024. 👤 Ms. Tetiana, together with her colleagues, officially opened the event. After the opening remarks, the attendees observed a minute of silence in memory of the fallen defenders of Ukraine. 🎗️ Judge Viktor Moskalenko, who pioneered law enforcement and specialization in the field of intellectual property, was also posthumously honored. This year's program covered a wide range of topics related to state regulation in the area of intellectual property rights protection. 💬 In Ihor’s words: “This year, the IP UKRAINE NOW 2024 forum was a pleasant surprise. And I'm not talking about the unique Chilean wine, Casillero del Diablo, which I had the pleasure of trying, but rather the insights sparked by the speeches of our colleagues. Summing up, a few important points stood out: Trademark registration is accelerating! Now, this process takes around 1.5 years—a great piece of news for those who aim to quickly and reliably protect their brands. Intellectual property protection during wartime is a relevant issue. Most conference participants supported the idea of implementing special measures for IP protection in challenging times. This is crucial for supporting businesses that continue operating in Ukraine. So far, damages compensation for IP rights violations hasn’t gained much traction in court practice. There is a growing need for new cases to pave the way for more effective protection of IP owners' rights. 💻 Artificial intelligence as a competitor to human creators is a real challenge! Its active use in creative fields raises questions of integrity, and legal professionals will need to find a balance between innovation and protecting authors' interests. Lastly, I was delighted to see both familiar faces and “new blood.” Intellectual property law may not have centuries-old roots, but it’s evolving at a tremendous pace, and as Head of IP practice, this dynamic excites me greatly.”

🗓️ From November 13 to 14, 2024, the Fourth International ReBuild Ukraine: Construction and Energy Exhibition and Conference will be held in Warsaw, Poland. Vladyslav Sokolovskyi a partner at our law firm and Chairman of the Solar Energy Association of Ukraine, will speak at the Energy Conference in Section 2.2, titled "Renewable Energy as an Integral Part of the Security and Economic Resilience of Ukraine's Energy System." The Energy Conference is held under the patronage of the Ministry of Energy of Ukraine, with official support from the Ministry of Economy of Ukraine and the Ministry of Community Development, Territories, and Infrastructure Recovery of Ukraine. The event aims to attract international financing for the restoration of Ukraine's energy sector and infrastructure and to support Ukrainian energy companies in rebuilding critical infrastructure damaged by Russian military aggression. Key Conference Topics: ✅ Recent regulatory changes to promote renewable energy implementation: support schemes, first auctions, guarantees of origin, the approved distributed generation development strategy until 2035, and the National Energy and Climate Plan for 2030. ✅ Current state of the renewable energy market in Ukraine: overview of wind and solar sectors, market trends, key players, and growth prospects. ✅ Investment appeal of wind, solar, and battery storage projects in Ukraine: opportunities for investment and partnership, risk coverage, and funding sources. Join us to discuss investment opportunities and the rebuilding of Ukraine's energy sector on one of the largest business platforms. Learn more about the program and tickets: https://lnkd.in/dcgj-GRd

Last week, partners from "Sokolovskyi and Partners" actively participated in the 11th BUSINESS & LEGAL TAX FORUM organized by Yurydychna Praktika. Vladyslav Sokolovskyi, partner at "Sokolovskyi and Partners" and Chairman of the Board of the Solar Energy Association of Ukraine, moderated the event's first session, while Tetiana Lysovets, partner at our law firm and Vice President of the Ukrainian Bar Association, moderated the second session of the tax forum. Nataliia Kurilenko, head of the tax practice, auditor, and attorney at "Sokolovskyi and Partners," also joined the forum's discussions. The session moderated by Mr. Vladyslav was dedicated to the topic of taxation during wartime. During the session, they discussed the changes in tax policy since the start of the war and what Ukrainian businesses can expect in the near future, given the recent amendments to tax legislation. According to Mr. Vladyslav: "Justice isn’t really about taxes, but there is a great demand for fairness from society and business, and not only in the fiscal sphere." Tetiana Lysovets moderated and spoke in the second session, which focused on tax consulting. During her speech, Ms. Tetiana highlighted the criminal consequences of tax violations and shared insights on how businesses can minimize such risks. As Ms. Tetiana aptly noted, "The 11th BUSINESS & LEGAL TAX FORUM brings together tax attorneys and representatives of the State Tax Service on a single platform. In this format, we understand each other and find common ground. Now, we just need to learn to find common ground during tax audits and the appeals process." We thank the organizers and participants for a highly informative tax gathering of like-minded professionals.

“Sokolovskyi and Partners” is a partner of the Solemn Reception on the occasion of the Opening of the Legal Year 2024 of the Ukrainian Bar Association.  During the traditional solemn ceremony of the Opening of the Legal Year, the Honorary Award of the Ukrainian Bar Association “For Honor and Professional Dignity” will be presented.  The award “For Honor and Professional Dignity” is the highest distinction of the Ukrainian Bar Association, annually awarded to a leading lawyer in Ukraine for outstanding achievements in professional, public, educational, cultural, charitable, and other areas of social activity.  This event is a wonderful opportunity not only to recognize the achievements of the legal community but also to strengthen professional and friendly ties. We are always pleased to support such an important initiative for the development of legal culture in Ukraine.

Last week, Ivan Balytskyi, a partner at our law firm and the head of the Legal Committee of the Solar Energy Association of Ukraine, held another open 💻 meeting on the issue of imbalances. ✍️ At the beginning of the meeting, Mr. Ivan recalled the background of the problem and the initial court practice. After a brief introduction, Ivan Balytskyi reviewed ⚖️ the rulings of the Supreme Court and the Appellate Commercial Court regarding disputes with the National Commission for State Regulation of Energy and Public Utilities (NERC) on damage recovery. 🔎 Using real court cases as examples, Ivan discussed the annulment of imbalance acts in disputes between renewable energy producers and the Guaranteed Buyer. He also examined ❗️ the new legal stance of the Guaranteed Buyer in court disputes with renewable energy producers regarding the reduction of debt claims under the green tariff by the amount of imbalances. 💬 According to Mr. Ivan: "In the context of court disputes over the recovery of the 'green' tariff, the Guaranteed Buyer has begun applying the provisions of NERC's Resolution No. 332 of February 25, 2022, which grants the Guaranteed Buyer the right to reduce the settlement level with the seller under the 'green' tariff by the amount of the unpaid share of the reimbursement for imbalance settlement costs and deviation costs. Therefore, court practice on this issue is still in the process of formation, and we expect first-instance court decisions soon." Additionally, Tetiana Lysovets, Vice President of the Ukrainian Bar Association and a partner at our law firm, joined the discussion. Ms. Tetiana spoke about effective ways to protect renewable energy producers in accordance with civil law provisions. She shared details of various defense strategies depending on whether the acts were signed or unsigned. 💬 At the end of the meeting, a lively discussion emerged among the participants regarding specific cases and possible legal tools to address the imbalance issue.

☀️ The Solar Energy Association of Ukraine continues its discussion on the issue of "old" imbalances in the renewable energy market. Ivan Balytskyi, a partner at "Sokolovskyi and Partners" and the head of the ASEU Legal Committee, will discuss new court practices and the current situation regarding imbalances. 🗓️ Next Tuesday, the Legal Committee of the Association will hold an open meeting on the topic: "Current Court Practice on Imbalances." The meeting will focus on: ✅ Supreme Court and Commercial Court of Appeal rulings on disputes with the National Energy and Utilities Regulatory Commission (NEURC) regarding damage recovery claims. ✅ Annulment of imbalance acts in disputes between renewable energy producers and Guaranteed Buyer. Ruling of the Commercial Court of Appeal. ✅ GarPok's new legal stance in court disputes with renewable energy producers concerning the reduction of debt claims for the green tariff by the amount of imbalances. ✅ A discussion on the application of legal tools to resolve the imbalance issue. ✅ Discussion of questions and proposals from event participants. 🗓️ Date: October 8 ⏳ Time: 15:00 - 16:00 🖥️ Format: ZOOM Join to participate in the discussion during the open meeting of the Legal Committee of the Solar Energy Association of Ukraine. 🔗 Register to participate at the following link: https://lnkd.in/dYYm9FwE