Selection without competition: why the Deputy Prime Minister is rushing to appoint the head of the State Aviation Service

Vice Prime Minister for the Restoration of Ukraine Oleksiy Kuleba submitted the candidacy of Ihor Zelinsky for the post of head of the State Aviation Service to the Cabinet of Ministers. Apparently, in this way, he is trying to avoid an open competitive selection, although Kuleba's team assures that they were looking for the best candidate, writes UNN.

Formally, the appointment of the head of the aviation regulator without a competition during martial law is quite possible, as open competitions for senior civil servant positions have been canceled. However, the timing and logic of the Vice Prime Minister's actions raise questions, as the state plans to resume competitions for key government positions as early as this summer. The relevant bill is already under consideration by parliament. In such a configuration, the scenario with an acting head of the State Aviation Service would automatically mean the need for a full-fledged open competition.

A rapidly closing window of opportunity

Open competitions for the positions of heads of state bodies are planned to begin on June 1 of this year and will last until September 1. This means that any temporary decision in the form of an acting head of the State Aviation Service would inevitably lead to an open selection with the participation of other candidates, public criteria, and a competition commission.

Apparently, Kuleba is trying to avoid precisely this scenario. After the dismissal of the head of the State Aviation Service, Oleksandr Bilchuk, due to his decision to transfer the maintenance of repair documentation for Mi-8MT(MTV) helicopters to a company associated with the Russian military-industrial complex, the regulator was temporarily headed by his first deputy, Daniil Menshikov.

In December, it became known that Kuleba submitted the candidacy of Ihor Zelinsky to the government for consideration. Zelinsky was Bilchuk's "right-hand man" in the State Aviation Service until February last year, and the same Vice Prime Minister dismissed him from the position of deputy head of the aviation regulator. By appointing Zelinsky as the full-fledged head now, Kuleba will effectively close the issue of competition for at least several years – until the end of his contract or political changes – and retain his influence over the service.

Safeguard against uncomfortable questions

Serhiy Derkach, Deputy Minister for Communities, Territories and Infrastructure Development of Ukraine, commenting on the Vice Prime Minister's submission, noted that the government was offered the best candidate in Zelinsky.

"Today, the State Aviation Service is also going through a very difficult period, as there is still a lot of work to be done, but, of course, with a closed sky, it does not motivate the staff as much as everyone else. Therefore, today we are working through all personnel decisions to find the best candidates who have experience in aviation in general, so that we can make the best personnel decisions," explained Kuleba's deputy.

A quiet and quick appointment of a new head of the State Aviation Service without a competition would allow Zelinsky to avoid a number of uncomfortable questions regarding his decisions as deputy head of the aviation regulator.

After all, a full-fledged competition would mean public questions to candidates, an analysis of their activities, including in the context of cooperation with sanctioned entities, the use of documents from the aggressor country, and decisions that could harm defense capabilities.

Destroyed transport aviation and hindered the Armed Forces?

As UNN reported earlier, representatives of the Ukrainian aviation market characterize Zelinsky's period as deputy head of the State Aviation Service (2020-2025) as a time of systemic and purposeful destruction of transport aviation. If in 2016 there were more than 20 Il-76 aircraft in the state register, by the beginning of 2025 there were only two left, and even those are 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 Zelinsky) 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-76s in Ukraine, which can be considered undermining 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 Zelinsky was acting head of the State Aviation Service, after appeals from representatives of the aviation market 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 downtime of aircraft and additional budget expenditures for their maintenance.

It should be noted 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". That is, any cooperation with this Russian enterprise is prohibited.

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

In addition, Zelinsky 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 Russian sanctioned companies that are part of the aggressor country's military-industrial complex.

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

Investigation needed

According to lawyer Dmytro Kasyanenko, the facts revealed by journalists indicate the need for law enforcement agencies to intervene in the situation.

"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 actually legalizes the influence of a sanctioned entity through a state body of Ukraine. If such permits are issued, this gives grounds to talk about circumvention of sanctions and continuation of actual interaction with the Russian Federation," explained lawyer Dmytro Kasyanenko.

According to him, the actions of former officials of the State Aviation Service can 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 revealed, 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 officials "did not check" the sanctions restrictions and procedures.

"The investigation of such facts is the competence of the SBU (in terms of national security) and the SBI/NABU - depending on the subject and consequences. The key here is not rhetoric, but documents: who signed, on what basis, whether there was a sanctioned chain and what legal effect it created. This is what determines responsibility," the lawyer emphasized.

UNN appealed to the Security Service of Ukraine with a request to comment on these facts and to report whether they were checked. The editorial office is currently awaiting a response.

Political expediency versus state interests

Under such circumstances, Zelinsky's appointment looks like a way to protect not only a specific candidate from unnecessary public questions, but also the entire management structure from a thorough external audit.

In peacetime, similar personnel maneuvers would already raise questions. But in wartime, when civil aviation, defense contracts, and certification of aviation equipment have a direct impact on state security, betting on non-transparent appointments looks even more risky and requires immediate intervention from the state leadership and law enforcement agencies.

The situation around the appointment of the head of the State Aviation Service demonstrates a classic "make it before summer" scenario. If open competitions resume, the maneuver for backroom appointments will effectively disappear. Apparently, that is why Kuleba is trying to urgently secure Zelinsky's position.