Crime against the state. The SBU must investigate the decision of former Deputy Head of the State Aviation Service Zelinsky

Decisions made by aviation security officials during wartime should be evaluated not only in terms of formal adherence to procedures but also from the perspective of real risks to national security. That is why the actions of former Deputy Head of the State Aviation Service Ihor Zelinskyi, who was involved in making decisions based on documents from a sanctioned Russian company, issued after the full-scale invasion, require a separate and professional review by the Security Service of Ukraine. This opinion was expressed in a comment to UNN by security expert Serhiy Shabovta.

In late December, Deputy Prime Minister Oleksiy Kuleba submitted Ihor Zelinskyi's candidacy for the position of Head of the State Aviation Service to the Cabinet of Ministers of Ukraine for consideration. It is possible that he is trying to avoid an open competition for this position, as a transparent selection process is planned to resume by autumn of this year.

What is Zelinskyi remembered for?

Ihor Zelinskyi was dismissed from the position of Deputy Head of the State Aviation Service in February last year. As UNN previously reported, representatives of the Ukrainian aviation market characterize Zelinskyi's period as Deputy Head of the State Aviation Service (2020-2025) as a time of systemic and deliberate destruction of transport aviation. If in 2016 there were more than 20 Il-76 aircraft in the state register, by early 2025 there were only two left, and even those were not airworthy.

Experts point out that it was precisely due to the decisions of the previous leadership of the State Aviation Service (the head of the regulator Oleksandr Bilchuk and his deputy Ihor Zelinskyi) that these aircraft were excluded from the Ukrainian register and effectively came under Russian control. During this period, regulatory decisions were also made aimed at creating artificial obstacles to the operation of Il-76 in Ukraine, which is clearly an undermining of the state's defense capabilities.

In addition, since the 1990s, it was possible to operate Il-76MD aircraft without additional paperwork for their re-registration between various departments, including the Ministry of Defense. In June 2023, when Zelinskyi was acting head of the State Aviation Service, after appeals from aviation market representatives and the Ministry of Defense, he officially confirmed the absence of obstacles to the use of transport aircraft in the interests of Ukraine.

However, six months later, in December, he changed his mind, stating that Il-76MDs do not have civil type certificates and cannot be registered. As a result, the use of aircraft for military, humanitarian, and evacuation missions was blocked. In addition, this decision led to the idling of aircraft and additional budget expenditures for their maintenance, which constitutes material damage to the state.

It is worth noting that after the illegal annexation of Crimea and Russia's invasion of Donbas, Ukraine imposed sanctions against the Russian developer of Il-76 aircraft, PJSC "Il". This means that any cooperation with this Russian enterprise is prohibited.

Despite this, Zelinskyi issued dozens of aircraft airworthiness review certificates based on a decision by the sanctioned PJSC "Il" from June 2022. In fact, he thus legalized the use of documents from the aggressor country's enterprise, which, according to experts, could have brought tens of millions of dollars in revenue to the Russian side.

Moreover, Zelinskyi ignored the fact that there is a certified organization in Ukraine capable of providing appropriate support for Il-76 aircraft of PJSC "Il" without involving sanctioned Russian companies that are part of the aggressor country's military-industrial complex.

As representatives of the aviation market explained to UNN, Zelinskyi's decision put Il-75 aircraft operators before a choice: either cooperate with the sanctioned Russian developer or abandon the use of the aircraft.

Crime against the state

According to Shabovta, the mechanism for applying sanctions was legally vulnerable in many cases, but after their introduction, the state is still obliged to ensure strict control over their observance. After all, violation of the law on sanctions, especially if it concerns structures and enterprises related to the military-industrial complex of the aggressor state, entails criminal liability.

The expert emphasizes that in the case of possible decisions or actions that created conditions for cooperation with sanctioned entities or the legalization of their documents, it may not be a matter of official negligence, but a crime against the state.

"This is not administrative responsibility, but these are very strict and gross violations (making decisions based on documents of a sanctioned Russian company that is part of Russia's military-industrial complex - ed.), violations of current legislation during the war, because they concern precisely structures related to the enemy state. And it is clear that, first of all, I am sure of it, this is the function of the Security Service of Ukraine. Because what concerns external relations, there is counterintelligence for that, there are other departments... The answer is only one - this is a crime against the state of Ukraine, if such facts exist. Well, here journalists should also help - to publicize such situations," Shabovta noted.

Commenting on the possible role of the National Security and Defense Council, Shabovta noted that the NSDC does not have control functions, as its task is to collect materials and formulate proposals for sanctions, but not to supervise their implementation. That is why the issue of controlling compliance with sanctions legislation falls within the competence of the SSU.

According to lawyer Dmytro Kasianenko, the facts revealed by journalists indicate the need for an investigation by law enforcement agencies.

"The regulator has no right to issue permits, certificates, or other acts if their basis is decisions or conclusions of Russian companies that are under sanctions. The sanctions regime means a complete ban on any direct or indirect cooperation, including through documents, expert opinions, or 'technical justifications.' Issuing a permit in such a situation effectively legalizes the influence of a sanctioned entity through a state body of Ukraine. If such permits are issued, this gives grounds to talk about circumventing sanctions and continuing actual interaction with the Russian Federation," explained lawyer Dmytro Kasianenko.

According to him, the actions of former officials of the State Aviation Service may be qualified under Article 111-2 of the Criminal Code of Ukraine (abetting the aggressor state), if intent and real assistance to the aggressor country are found, Article 364 of the Criminal Code of Ukraine (abuse of power), provided that the decision was made contrary to the interests of the State Aviation Service, Article 367 of the Criminal Code of Ukraine (official negligence), if the officials "did not check" the sanction restrictions and procedures.

Therefore, in the situation with the decisions in which Ihor Zelinskyi was involved, a comprehensive review by the Security Service of Ukraine seems to be a logical and necessary step. After all, it is not only about the legal assessment of individual management actions, but also about establishing whether they could have harmed the state interests of Ukraine in the conditions of a full-scale war and sanctions confrontation with Russia.