Ukraine faces legal risks in operating Soviet aircraft – there is a systemic problem

Ukraine faces a legal and technical dilemma: a significant portion of Soviet-era aviation equipment, which still performs combat missions, requires modernization and repair, but current legislation requires approval from the manufacturer – mostly Russian. In the context of severed contacts with the aggressor country, the question of the legality of maintenance arises, and the further fate of an entire fleet of aircraft depends on the decisions of the relevant authorities, writes UNN.

Details

Ukraine inherited a significant amount of Soviet-made aviation equipment, which is still used in the armed forces, the National Guard, rescue structures, and also for fulfilling contracts with international partners, including the UN.

Given the wear and tear and long service life, this equipment requires constant repair, modernization, and technical support. However, current aviation legislation stipulates that all such work must be agreed upon with the aircraft manufacturer or based on valid technical documentation.

And here a serious legal dilemma arises: most manufacturers of Soviet aircraft are Russian enterprises, with which all contacts were severed after the start of armed aggression and full-scale invasion. This raised the question of the legality and technical feasibility of servicing Ukrainian Soviet-made aircraft.

The problem is also that Ukraine cannot simply take and immediately abandon all Soviet aviation equipment. As Colonel Pavlo Bardakov, commander of the Army Aviation of the Armed Forces of Ukraine, previously explained, our army will continue to use Mi-8 helicopters and other Soviet machines. Even with the supply of new Western aircraft, such as F-16 or Mirage, Soviet equipment remains an important part of the aviation forces, as the number of combat missions does not decrease. According to Bardakov, Ukraine is currently working in two directions: learning to work with new models and at the same time repairing, modernizing, and replacing parts in the machines that are already available.

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In such a situation, the State Aviation Service of Ukraine and the Main Directorate of State Aviation of Ukraine should play a leading role. According to the Air Code of Ukraine, in the absence of the possibility to agree with the aircraft manufacturer on changes regarding its modernization and maintenance, three options for action are provided:

• the first option provides for the complete cessation of the use and maintenance of such aircraft;
• in the second – the state takes responsibility and independently grants permission to companies to carry out technical maintenance;
• the third option provides for the designation of one organization that will be granted the exclusive right to perform all relevant work.

Considering the steps in more detail, we understand that the first scenario will lead to the complete cessation of the use and maintenance of such aircraft. This means that all equipment that was previously in operation is automatically withdrawn from use. For Ukraine, this is a critical risk, as a significant part of the air fleet consists of Soviet models that perform important combat missions.

In the second option, the state, represented by the SASU, takes responsibility and independently grants permission to companies to carry out technical maintenance. This seems to be the most flexible and optimal approach, as it allows maintaining the equipment in working condition, avoiding dependence on the manufacturer, and ensuring state control over the processes.

The third option involves designating one responsible organization that will be granted the exclusive right to perform all maintenance and modernization work. This approach carries the risk of market monopolization: other companies may lose access to work, even if they have experience and resources, which will affect both the quality of service and competition in the industry.

Currently, the situation remains uncertain. The editorial board of UNN appealed to representatives of the SASU and GADAU with a request to comment on the situation and tell about further steps to resolve this systemic problem.

Recall

Experts note that most of the Ukrainian aircraft fleet, especially military, in the process of maintenance and repair requires specific components, access to which is often limited or completely lost.

Despite the fact that such parts are already difficult to find, enterprises face additional legal barriers and formal blocking of supplies by regulatory bodies. This refers, in particular, to spare parts of Soviet or Russian production from the 90s, which have been stored in warehouses in EU countries for decades. At the same time, military needs remain urgent and require prompt solutions to ensure the state's defense capability.

Representatives of the aviation industry emphasize: without clear steps from the state and legislative permission to import old components from third countries, Ukraine risks losing not only aviation infrastructure but also specialists who ensure the functioning of both civil and military aviation.