Enforcement of court decisions in green tariff cases

Challenge of enforcement for SPP owners

Solar power plant (SPP) owners who win court cases over unpaid green tariff funds face a new challenge — actual enforcement. A favorable ruling alone does not guarantee payment, especially if the debtor is a state authority or enterprise.

This article explains key stages of enforcement, working with enforcement officers, and recovering funds via the State Treasury Service of Ukraine (STSU).

Enforcement through the Ukrainian enforcement service

If the debtor refuses to comply voluntarily, enforcement proceeds through:

• The State Enforcement Service of Ukraine

• A private enforcement officer

Enforcement steps

• Obtain the enforcement document

• Submit a motion to initiate proceedings

• Officially open enforcement case

• Apply coercive measures: freeze accounts, seize assets, travel ban, budget seizure

Special cases: green tariff payments

Since funds come from the budget, additional steps involving STSU are required.

Working with the State Treasury Service

When the debtor is a government entity (e.g., SE “Guaranteed Buyer”), the STSU handles fund transfers.

Enforcement via STSU

• Submit the enforcement writ to a territorial STSU office

• Debt registered in payment schedule

• Funds paid based on available allocations

• Monitor the case, submit complaints and updates

Actions if payments are delayed

• Challenge STSU’s inaction in administrative court

• Request official explanation

• File complaints with the Ministry of Finance and oversight bodies

• Demand penalties for non-compliance

Additional acceleration measures

• Monitor and freeze debtor accounts

• Publicize the case in the media

• Repeated complaints

• Use international channels (for foreign investors)

Conclusions and recommendations

• A court ruling is only the first step

• Enforcement requires active legal support

• Cooperation with STSU is crucial

• Delays require immediate legal action

We recommend contacting the Legal and Real Estate Association of Ukraine — our legal experts will ensure full support and help secure your payments