Source: Yurydychna Gazeta
On January 14, 2026, the Cabinet of Ministers of Ukraine adopted Resolution No. 45, introducing amendments to the Procedure for the Implementation of the Experimental Project on the New Construction, Reconstruction, Capital Repair, Repair, and Other Engineering and Technical Measures for the Protection of Critical Infrastructure Facilities in the Fuel and Energy Sector, the Railway Transport Subsector of the Transport and Post Sector, and the Critical Infrastructure Life Support Systems Sector (hereinafter referred to as the Procedure), originally approved by CMU Resolution No. 142 dated February 7, 2025.
The primary objective of these amendments was to expand the scope of participants in the experimental project, systematically enhance the legal regulation of critical infrastructure protection under martial law, and simplify specific procedures to accelerate the implementation of protective measures.
It is worth recalling that the experimental project provides for the simplification and acceleration of construction works (new construction, reconstruction, repair, including capital repair) as well as the implementation of engineering and technical measures for the protection of critical infrastructure facilities.
The first and most pivotal amendment to the Procedure is the substantial expansion of the institutional framework of participants in this experimental project. The list now additionally includes the Ministry of Defence of Ukraine, the State Special Transport Service, local self-government bodies (upon their consent), business entities in which the state or a territorial community is a participant (founder), as well as enterprises, institutions, and organizations belonging to:
Notably, broadening the circle of participants creates prerequisites for attracting additional financial, technical, and labor resources.
The amendments also stipulate that during the legal regime of martial law in Ukraine, new construction, reconstruction, capital repair, repair, and other engineering and technical safety measures for the specified facilities shall be carried out without:
This innovation is primarily driven by the current circumstances facing Ukrainian society—specifically, the systematic aerial bombardment of national critical infrastructure by the aggressor state. Under such conditions, the urgency and scale of the necessary works render the standard development of project documentation largely irrational and inefficient.
However, if project documentation is developed for the protection of critical infrastructure facilities, it must mandatorily comply with the requirements of the “Fortress Country” Concept (approved by CMU Resolution No. 471 dated April 26, 2024, as amended), utilizing typical engineering protection solutions (basic level) and typical second-level solutions with an operational lifespan of up to 5 years.
The Procedure has been supplemented with a new norm regarding the electrical engineering component of critical infrastructure facilities. Operators of critical infrastructure (regardless of ownership form), on whose balance sheets the protected objects are held, must ensure the development of project documentation for the electrical part and the execution of electrical works (relocation of transformers, other energy equipment, existing power networks, laying of control and power cables to the protective structure, connection of protected objects, and commissioning works).
Crucially, this obligation may be delegated to construction clients and clients of repair and other engineering protection services. The primary condition for such delegation is obtaining approval from the chief administrator of budgetary funds. In our view, this delegation option is justified and flexible, as operators possess the necessary technical expertise regarding electrical equipment, and even in the event of delegation, they retain responsibility for the operation of such equipment.
Alongside improvements in design relations, special attention must be paid to the newly introduced possibility of involving a specialized military formation—the State Special Transport Service—in the construction and protection of critical infrastructure.
Specifically, clients of works (services) for new construction, reconstruction, capital repair, repair, and other engineering protection measures have the right, based on a decision by the Ministry of Defence, to engage units of the State Special Transport Service to perform such works in the regions.
Legally, the State Special Transport Service is a military formation specializing in ensuring the sustainable functioning of transport, as well as the construction and maintenance of defense-related facilities. Its involvement provides additional labor resources amidst a shortage of civilian contractors and enables works to be carried out in hazardous regions.
Under the new amendments introduced by CMU Resolution No. 45 of January 14, 2026, clients of works (services) under the experimental project are now obligated to report to the chief administrators of budgetary funds regarding project implementation and the status of fund utilization from the relevant budgets.
The final enhancement concerns the modification of the commissioning procedure to prevent delays by critical infrastructure operators and ensure the rapid deployment of protective structures.
Specifically, after the commissioning of completed construction objects (construction phases and/or startup complexes provided for by project documentation), construction clients must compile and send an Act of Acceptance-Transfer for such objects to the critical infrastructure operators.
Within five working days of receiving such an act, the operator must accept the relevant completed object, approve it, or provide the client with a reasoned written refusal. If the critical infrastructure operator fails to delegate its representatives within the specified period, the completed construction object is deemed accepted into operation by said operator, and the Act of Acceptance-Transfer is deemed approved.
Summarizing the above, it is important to add that the amendments to the Procedure introduced by CMU Resolution No. 45 of January 14, 2026, signify a transition to a more flexible model of critical infrastructure protection under martial law.
The expansion of participants in the experimental project, the introduction of mandatory coordination of engineering protection levels in accordance with the “Fortress Country” Concept, the simplification of design and construction procedures, and the involvement of the State Special Transport Service create prerequisites for significantly accelerating the implementation of protective measures and increasing their effectiveness.
At the same time, strengthening control over the use of budgetary funds and optimizing the mechanism for commissioning objects allow for a balance between operational speed and an appropriate level of responsibility and legal certainty. Collectively, these changes form a holistic response system to security challenges and meet the state’s urgent needs in the sphere of critical infrastructure protection.
Oleh Kupchyk, Associate at Altelaw&Sempra
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