- July 12, 2025
- Posted by: АРОУ
- Category: Publications
State debt to solar energy producers
The state’s debt to owners of solar power plants (SPPs) for electricity produced under the green tariff remains a serious issue requiring legal action. Owners face systematic breaches by SE “Guaranteed Buyer” and other public bodies and may defend their rights in court.
This article outlines the key aspects of judicial protection: filing claims, court representation, appealing government inaction, and recovering penalties, fines, and losses.
Filing a claim in court
Submitting a claim is the next step when pre-trial efforts fail.
Claim preparation stages
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Contract analysis
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Collection of evidence
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Calculation of debt
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Drafting the claim
Which court to file in
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Commercial courts – disputes between legal entities or entrepreneurs
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Administrative courts – if the claim is about inaction by authorities
Court representation in green tariff debt disputes
Legal representation is critical in these cases.
Key legal arguments
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Contract breach
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State’s legal obligations
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Penalties for payment delays
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Investor losses
Expert opinions and financial documents may support the case.
Appealing government inaction
In cases of inaction by NEURC, the Ministry of Energy, etc., owners can appeal in court.
What can be appealed
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Failure to ensure payments
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Ignoring appeals
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Illegal actions or decisions
Claims may request:
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Declaration of inaction as unlawful
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Order to act (e.g., pay debts)
Claims for penalties, fines, and damages
Law allows more than just debt recovery:
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Penalties – under contract or Civil Code
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Fines – if provided for
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Damages – loan interest, lost profits
Legal basis
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Civil Code of Ukraine (Art. 625, 611)
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Commercial Code of Ukraine (Art. 230, 231)
Conclusions and recommendations
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Courts are an effective legal remedy
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A strong evidence base is critical
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Additional payments can be recovered
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Challenging state inaction accelerates resolution
Recommendation: SPP owners should consult lawyers specializing in energy law. The Legal and Real Estate Association of Ukraine offers full legal support and representation in green energy cases.
Protecting your investment is not just financial — it’s a step toward a transparent renewable energy market in Ukraine
