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Asters has extensive experience in advising clients on various significant energy related projects in Ukraine. Our attorneys have represented developers, private equity funds, and equity investors, lenders, contractors, project companies, the government and its departments/agencies in the development, financing, construction, operation, merger & acquisition, and the restructuring of a wide range of oil & gas, electricity, renewable energy, waste-management and emissions reduction projects. Our experience is very timely in view of the Ukrainian Government’s energy independence and efficiency strategy with the subsequent market developments.

Asters is highly ranked for energy and natural resources by Chambers Europe 2017; highly recommended for energy and natural recourses by The Legal 500: EMEA 2017; ranked among the Top 3 law firms for energy and natural resources according to the Ukrainian Law Firms 2017 handbook; and is named Law Firm of the Year in energy and natural resources on Legal Awards 2014.

 

Representative experience:

We work for major energy companies and government agencies responsible for energy matters:

  • Eustream, a.s. (Slovak Gas TSO) on Ukrainian law matters related to the reverse gas supply to Ukraine from the Slovak Republic and the subsequent preparation of the transactional documents executed by Eustream, a.s. with PJSC Ukrtransgaz and NAK Naftogaz Ukrayni;

  • Toshiba Corporation on various issues under Ukrainian law in connection with the acquisition of Westinghouse;

  • General Electric Energy on issues of Ukrainian merger control law, including obtaining clearance from the competition authority for a 100% equity acquisition in Vetco International Limited;

  • CEZ Group, a major Czech energy and power distributor, on various issues of Ukrainian law, including a full-blown due diligence in connection with a planned acquisition of major regional power distribution companies;

  • Union Fenosa and EDF in privatisation tenders for Ukrainian power companies;

  • International Finance Corporation on a 45 million USD loan to AES-Kyivoblenergo, and AES-Rivneoblenergo, both power distribution companies previously owned by AES Corporation in Ukraine;

  • The European Bank for Reconstruction and Develoment in connection with financing several large scale renewable energy projects;

  • Green Gas International, a global gas management and utilisation company, on corporate, regulatory and energy law issues in connection with the company's coal mine methane utilisation programme;

  • OAK Utilities Solutions and Development in connection with the realization of a pilot "waste to energy" project in one of the cities in Ukraine, including advising on investment structuring, the establishment of an SPV, the acquisition of land rights, and drafting a long-term waste supply agreement;

  • Assisting a large PV developer in connection with the sale of several "shovel ready" PV projects;

  • Assisting a leading wind turbine manufacturer with wind energy projects in Ukraine, including with  import, installation, commissioning, and licensing issues;

  • Assisting investors in renewable energy projects in relation to the due diligence of "shovel ready" renewable energy projects; 

  • Advising international traders on the import of natural gas, on the establishment of businesses in Ukraine, and on licensing.

Featured services:

Our attorneys provide clients with complex legal services, including: 

Transactional:

  • advising on all aspects of energy projects and transactions, including incorporated and non-incorporated joint ventures, production sharing agreements, mergers and acquisitions;
  • conducting due diligence of companies in energy sector.

Regulatory:

  • advising on all aspects of oil & gas and electricity regulatory proceedings;
  • representing clients before regulatory bodies;
  • assisting in obtaining all relevant permits and licensing documentation.

Project Finance:

  • advising on financing and refinancing of projects, including negotiations;
  • advising on tools and structures for obligations security.

Project Related Advice:

  • project structuring and development;
  • competition clearance;
  • advising on employment, land rights and HSE matters;
  • advising on tax, currency control, and customs clearance matters;
  • government-relations and lobbying.

 Energy Disputes:

  • advising clients on dispute resolution options;
  • representing clients in negotiations and settlement discussions;
  • representing clients before courts of general jurisdiction, commercial and administrative courts as well as international arbitration.
Publications
Ukrainian Energy industry review
Ukraine: Energy Community Implementation Report
Ukraine improves PPA for renewable energy
Ukraine Encourages the EU Suppliers to Store Gas in Ukraine
Ukraine adopts tariffs for natural gas transmission and distribution
Ukraine promotes heat energy production from alternative energy resources
Ukraine adopts a new approach for urban planning, which impacts energy projects
Ukraine Improves Tax Regime for Oil & Gas Production
Ukraine Reduces Natural Gas Stock Reserve Obligation
Ukraine Enters 2016 with Decreased Royalty Rates for Production of Natural Gas
Ukraine is reforming the "green" tariff and creating conditions for investments in renewable energy
Ukraine Supports Use of Energy Service Agreements
Ukrainian Parliament Brings Natural Gas Market Regulation into Compliance with the Third Energy Package
Verkhovna Rada of Ukraine Reforms the Management System of the Ukrainian Unified Gas Transportation System
Verkhovna Rada Amends the Laws Regulating Taxation of Energy Companies
Law "On Operating Principles of Electricity Market of Ukraine" to Impose New Restrictions on the "Green" Projects Implementation
Ukraine Liberalizes Its Electricity Market
Ukraine Improves Production Sharing Agreements Law
The Ministry of Justice of Ukraine Approved the NERC Procedure on Calculation of Local Content in Renewable Energy Projects
Ukrainian Government Empowered Ukrainian Chamber of Commerce and Industry to Issue Certificates of Origin Evidencing Share of the "National Content" in Renewable Energy-Generating Facilities
Ukraine to Conduct Two Tenders for Exploration and Production of Oil & Gas at Foros and Skifska fields of the Black Sea under Production Sharing Agreements
Royalties decrease in 2012
Corporate profit tax
Tax Code of Ukraine Will Have Oil and Gas Producers Tightening Their Belts
New Law Changes Legal Regime of the Land Used for Energy Facilities
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