
Former MoD official Liev could not refuse to accept machine guns: lawyer explains why
Kyiv • UNN
The lawyer explained that Liev, as the head of the Defense Ministry's department, was obliged to accept the machine guns after the military signed Form 22. The military is responsible for the quality of the weapons, as they check and sign the documents.
Oleksandr Liev, as the acting head of the Department of Military and Technical Policy of the Ministry of Defense, had to register the machine guns, because their quality was confirmed by the military and the relevant acceptance certificate was signed. This was stated in an exclusive commentary to UNN by lawyer and military officer Serhiy Laputko.
According to him, when accepting weapons, the decisive document is Form 22 (or Appendix 22 to Defense Ministry Order 440). This document is filled out by the military after checking the quality and compliance of the property with the terms of the contract. If the military signs this document, then the civilian manager in charge of the military policy department, regardless of the personnel, cannot refuse to accept the goods.
I doubt that among the civilians who are appointed as managers, and they are really effective, and Liev is a really effective manager, but with all due respect, he will not be able to distinguish between DShK or KPVT machine guns, whether they should be equipped with tripods or with a sling. For this, there are professional people - the military - who do all this. If the military put their signature that the machine gun is OK, then Oleksandr Liev, or anyone else who held the position at that time, had no choice but to sign this act. He wouldn't be able to say: what do you mean, OK? Let me see if it's okay. This will not happen,
Before signing Form 22, the military thoroughly checks the equipment, specifications and quality of the property. If any defects are found, a complaint is drawn up, which becomes the basis for the supplier to repair or replace the goods. If there are no comments, the form is signed and the property is considered accepted.
Before signing the form, the military checks the equipment, checks the specification in accordance with the conditions and accepts the property for permanent storage. Then, the Department of Military Policy signs the acceptance certificate and they register the property
He added that the responsibility for confirming the quality of the delivered weapons lies solely with those who check them and sign Form 22. If a malfunction is found, the supplier must replace the weapon or refund the money. In fact, the supplier of the machine guns, Spetstechnoexport, was ready to do so.
Context
Back in March 2022, the Ministry of Defense signed a contract for the supply of machine guns, signed by the then-Director of the Department of Military and Technical Policy. However, the delivery was delayed. In August, six months after the contract was paid for, Oleksandr Liev was appointed as the interim head of the Department and began demanding that the supplier provide the necessary documents and weapons. Only in December, after all the necessary documents had been provided, did he sign the Act of Acceptance and Transfer of 226 machine guns under the state contract. Subsequently, the military began to receive complaints about some of the machine guns.
Experts notethat under the terms of the commercial contract, the Ministry of Defense is protected by law, and in case of defects, the supplier is obliged to repair, replace or refund the money.
However, law enforcement officers opened a criminal investigation into the supply of low-quality machine guns to the Ukrainian Armed Forces, within the framework of which they were arrested. Subsequently, Oleksandr Liev was suspected in this case . He denies any charges .
UNN investigated the case and the content of the charges, who and what Liev is suspected of, read in.