State of compliance
The current situation whereby the National Energy and Utilities Regulatory Commission of Ukraine (NEURC) operates as a ‘central executive body’ established by the Council of Ministers, a temporary solution meant to address the constitutional court’s ruling that the regulator’s independent status is unconstitutional, is a clear breach of the acquis. The necessary constitutional amendments need to be adopted as soon as possible and the regulator’s independence restored. The recent dissolution of the regulator’s strategy department is also of concern.
In spite of these challenges, the Commission has continued to use its technical expertise to pursue steady market reforms. Moreover, the abolishment of the requirement to publish NEURC’s decisions in the Official Gazette as a pre-condition for their entry into force is a positive development.