NCREKU changed its chairman twice in three weeks: from Slobodyan to Vlasenko and the issue of term circumvention

The National Commission for State Regulation of Energy and Utilities (NCREKU) has changed its chairman for the second time in less than three weeks. On August 4, the regulator was headed by Ruslan Slobodyan, and on August 21, Yuri Vlasenko was re-elected to the position by secret ballot. This personnel reshuffle occurred against the backdrop of a legislative ban on electing the same person as head of the commission for two consecutive terms, which, according to experts, could have become a formal mechanism for returning Vlasenko to the chairmanship.

Twice in three weeks: chronology of reshuffles

In early August, members of the commission elected Ruslan Slobodyan as chairman by secret ballot at a closed session, who, according to data, has been a member of the NCREKU since July 2024. Previously, the post of head of the regulator was held by Yuri Vlasenko, whom Slobodyan replaced. However, on August 21, the commission held a re-election of the chairman, and Vlasenko once again received the position. The NCREKU reported that the decision was made by secret ballot in accordance with the procedure established by law, after which Slobodyan handed over the powers of chairman and continued working as a member of the commission. At the same time, the regulator did not provide any explanation for the reasons for such a rapid change in leadership.

Circumvention of legislative restrictions?

Daria Orlova, an analyst at ExPro Consulting, noted in a comment to RBC-Ukraine that such a sequence of events could be related to the desire to appoint Yuri Vlasenko as head of the regulator again. According to the legislation, the chairman is elected by the members of the NCREKU by secret ballot for a term of two years, and the same person cannot head the commission for two consecutive terms, while the minimum term of office is not established. It is precisely this, according to Orlova, allowed Slobodyan to be elected first, and then return Vlasenko after a formal "break": "Obviously, such a reshuffle was caused by the desire to appoint Yuri Vlasenko for a second term." At the same time, the expert noted that it is difficult to say exactly what motivated the desire to keep Vlasenko in the post.

Contradictory data

The versions of the participants and observers differ in the interpretation of what happened. On the one hand, the NCREKU itself did not give public explanations for the change of chairman and limited itself to stating compliance with the procedure for secret voting, that is, the official reasons for the reshuffle were not disclosed. On the other hand, analyst Daria Orlova interprets the events as a deliberate circumvention of the restriction on two consecutive terms. In addition, in some publications, the new head is described as a "well-known official from the Ministry of Energy," while in the main version, his status as a member of the NCREKU since July 2024 is emphasized; these formulations are not identical and require additional verification of biographical details. Orlova also emphasizes that the change of chairman itself does not necessarily indicate an internal conflict: "I don't think there were disagreements on decision-making. In general, the chairman does not influence the agenda so much, decisions are made collegially".

The issue of the regulator's independence

The expert's greatest concern is not the reshuffle itself, but the question of the regulator's independence. Orlova notes that in Ukraine, it is difficult to assess individual decisions of the commission without taking into account external influence, since the reasons for their adoption or non-adoption may be related to decisions made outside the regulator itself. In her words, the situation with the election of the chairman may have a negative impact on the perception of the commission: "The question of the independence of the regulator remains critical. And, unfortunately, such a story, even with the head, is a worrying signal for our European partners." Thus, after the last reshuffle, the NCREKU risks being perceived as a body remaining under external control, which could complicate the dialogue with European partners in the field of energy policy.