A Ukrainian company engaged in electricity generation from renewable sources in Mykolaiv region applied to the Business Ombudsman Council. As a result of occupation and Russia’s military aggression, its solar power plant was completely destroyed.
The company believed it was deprived of the opportunity to obtain financing to restore its assets through the Ukraine Energy Support Fund, since, in its view, the eligibility criteria for international financial assistance were discriminatory, non-transparent and economically unjustified.
To clarify the circumstances of the case, the Council addressed the Ministry of Energy of Ukraine. In its response, the Ministry provided a clear and comprehensive explanation: the Fund’s financial resources are limited and therefore directed to the most priority areas – physical protection of facilities, as well as restoration and repair of critically needed energy infrastructure equipment. These criteria were also sent for review to the Fund’s operator – the Energy Community Secretariat – which did not raise any objections (formal approval on its part was not required).
In particular, the issue related to restrictive requirements on the installed capacity of facilities. Thus, the current state support policy at this stage is primarily focused on higher-capacity energy infrastructure. Without interfering in state policy, the Council notes the demand for similar support instruments from operators of small- and medium-capacity energy facilities as well.
At the same time, the Ministry reported that it continues to take measures to mobilise and distribute humanitarian aid aimed at supporting energy sector enterprises and restoring their generation capacity. Companies that do not meet the eligibility criteria for the Fund may receive support under the humanitarian aid mechanism for the energy sector pursuant to Resolution No. 824 of the Cabinet of Ministers of Ukraine. Within this mechanism, equipment from international donors has already been allocated to the company to partially restore its generation capacity.
Following the investigation, the Business Ombudsman Council did not identify any signs of bad faith conduct on the part of the Ministry of Energy. Therefore, the complaint was closed without a finding of violation by the state body.
Although the Business Ombudsman Council does not participate in shaping state policy and acts within the limits of its mandate, such cases serve as a practical basis for developing systemic recommendations to improve interaction between business and the state in the context of post-war recovery.
