The extensive destruction of energy infrastructure, combined with power deficits and systemic threats to critical infrastructure, has compelled the state to fundamentally overhaul the regulation governing the construction and deployment of distributed generation assets.
In response to these challenges and to accelerate the development of distributed generation, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution No. 1320 on December 7, 2023, titled “Certain Issues Regarding the Placement of Gas-Piston Cogeneration Units During the Period of Martial Law.” In its original form, the resolution simplified the installation of gas-piston units by district heating entities at existing facilities to ensure the power supply for critical infrastructure (heating, water supply, and sewage) and social institutions (educational and healthcare facilities) during emergency outages, bypassing several peacetime permit requirements.
Subsequently, Resolution No. 1320 underwent multiple amendments that significantly expanded its scope. Its revised title now encompasses:
“Certain issues regarding the construction, restoration, reconstruction, placement, and capital repair of gas-piston and gas-turbine units, including cogeneration, block-modular boiler houses, diesel/petrol and gas generators, gas storage facilities, oil and gas production facilities, certain gas transmission system facilities, and transmission system power lines during the period of martial law.”
Specifically, Resolution No. 481 (April 29, 2025) extended these exemptions to Energy Storage Systems (ESS), albeit initially limited to installations with a capacity of 1 MW or greater. This threshold was initially set to incentivize large-scale distributed generation projects. However, practical application and a deteriorating security environment necessitated extending this simplified regime to lower-capacity units.
Under the current version, Resolution No. 1320 covers a broad spectrum of energy infrastructure:
Effectively, this regulation has established a specialized “Martial Law Legal Regime” for energy infrastructure projects, offering a significantly streamlined procedure compared to peacetime requirements. With the adoption of Resolution No. 1542 (November 28, 2025), capacity restrictions were removed entirely. Currently, the simplified procedure applies to all distributed generation units, regardless of their capacity, enabling mass installation not only by major corporations but also by medium-sized businesses, municipal enterprises, and industrial consumers.
As of January 29, 2026, pursuant to Resolution No. 1320, the construction and placement of Energy Storage Systems (regardless of capacity) are carried out without:
Land Use Features: Resolution No. 1320 permits the use of land plots—regardless of their designated purpose—for ESS installation without prior seizure or formal allotment, provided the use is coordinated with the landowners or managers.
Commissioning: To commission an ESS, a Certificate of Acceptance for a completed construction project is not required, provided that comprehensive testing of the electrical installations is conducted in accordance with industry standards.
It is crucial to note that within 24 months of the completion of construction, but no later than six months following the termination or cancellation of martial law, the entity that installed the ESS is mandated to ensure:
Furthermore, the entity must notify the territorial body of the State Energy Supervision Inspectorate regarding these measures. These obligations are imperative and aimed at bringing projects realized under the simplified procedure into full compliance with general urban planning, land, and energy legislation.
Consequently, while the simplified procedure facilitates rapid deployment, it must be understood that upon the conclusion of martial law, built or placed objects must undergo formal “legalization.” Failure to meet these deferred requirements may result in the facility being deemed as operating without valid legal grounds. Thus, the regime established by Resolution No. 1320 should be viewed not as a permanent alternative, but as a temporary crisis-response toolnecessitating proactive planning for future legal compliance.
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