Vitaliy Radchenko

Vitaliy is a coordinator of the Energy and Projects practice at the Kyiv office of CMS Cameron McKenna, which has been continuously ranked as a top legal practice in energy sector in the country (by Ukrainian Law Firms 2009-2011 and Corp INTL Legal Awards 2010 rankings). His specialties are: Oil and Gas, Mineral Resources, Conventional / Renewable power generation and Kyoto Protocol Projects. He joined CMS Cameron McKenna from Gide Loyrette Nouel, prior to which he worked for the Kyiv office of Baker & McKenzie.

Vitaliy is an active participant of the Fuel and Energy Committees of the American Chamber of Commerce and European Business Association.

Experience includes advising:  

Renewable Energy

• an EU-based solar energy company on structuring, regulatory and corporate issues of the solar projects in Ukraine
• the world’s largest wind turbine manufacturer on the structuring of its projects in Ukraine, import of the wind turbines, complex supply and EPC contracts, establishment of the operations in Ukraine
• a solar modules manufacturer on the import of PV modules to Ukraine, warranty and guarantee obligations, product liability and quality claims thereunder;
• European private equity investors with respect to due diligence of two wind power projects in Ukraine and subsequent transaction
• a local wind project developer in structuring and negotiations of a deal regarding contemplated sale of the wind project portfolio
• an EU-based investor and developer of wind power projects on regulatory issues of the construction of one of the largest wind parks in Ukraine
• a Japanese industrial corporation on Ukrainian electricity market structure and wind power sector in particular
• a EU-based consultancy firm on the process of certification of wind power turbines and their import to Ukraine;
• a US-based energy company on mechanism of the financial settlements at the Wholesale Electricity Market and peculiarities of the settlement accounts; preparation of analysis of the potential regulatory risks and threats that the Ukrainian feed-in tariff system may encompass in the future with a view at potentially insuring such risks;

Oil & Gas / Minerals

• one of the world’s largest private petroleum companies on various legal issues of a multi-million unconventional gas exploration project in Ukraine
• one of the world’s largest private oil and gas companies on roll-out of its operations to Ukraine and agreements with the Governmental authorities and state companies
• a major EU-based oil and gas company in its negotiations and agreements with the Governmental authorities and state companies
• a Canadian oil and gas company regarding negotiations with the Government and state companies on the unconventional gas projects
• Kulczyk Oil Ventures (an arm of the major Polish investment companies – Kulczyk Investments), an international oil & gas exploration and development company on acquisition of a 70% interest in Kub-Gas, an independent natural gas producer in Ukraine. The size of the deal totalled USD 45 million.
• a Middle East energy company on acquisition of a Ukrainian oil and gas company’s assets
• a CIS-based private equity group on the joint activity agreement for production, processing and sales of the minerals in Ukraine
• one of the largest EU-based producers of construction materials on regulatory issues relating to subsoil use licences
• EU-based oil and gas company on off-shore and on-shore oil and gas fields cross-border unitisation issue
• a Middle East petroleum company on access to geological information in Ukraine
• an EU-based gas importer on export of natural gas from Ukraine
•  a Swedish oil company in relation to a purchase of a Ukrainian oil production enterprise

Carbon trading / JI Projects

• a major EU-based banking institution - representing in negotiations and execution of a multimillion Emissions Reductions Purchase Agreement (ERPA) for emissions reduction units with a Ukrainian seller
• a Swiss-based carbon projects management company on various aspects of its emissions reduction projects in Ukraine
• an energy arm of a major Russian oil and gas company – advice on execution and negotiations of an Emission Reductions Purchase Agreement (ERPA) with a large German utility company
• a leading developer and carbon broker of the JI Projects in Ukraine, Russia and Bulgaria on the structuring of contracts for resale of ERUs at the European carbon trading platforms, re-structuring of contracts for the brokerage/agency relationship with its clients, advising on related tax consequences and drafting an Emission Reduction Purchase Agreement with the carbon exchange price reference 
• UK-based companies and their Ukrainian subsidiaries on the on corporate and tax structure and drafted transaction, corporate and investment documents with respect to the JI projects on landfill methane capture in three cities of Ukraine
• one of the largest Ukrainian suppliers of cogeneration equipment, with respect to the ERPA termination and potential related claims of the counterparty
• a public UK company with one of the world’s largest portfolios of CDM projects on Ukrainian law issues related to the JI mechanism and drafting investment and Emission Reduction Purchase Agreements for sale of ERUs generated at a nitrous oxide production facility in Ukraine
• a major French chemical holding on JI issues of a N20 abatement project to be implemented at a large industrial facility in Ukraine
• a number of clients on Kyoto Protocol elements in wind farm projects