Ukraine has faced a legal dilemma – in the context of war with Russia, it cannot legally modernize and repair its Soviet aircraft without the permission of Russian manufacturers, as current legislation requires their consent. This creates a serious dilemma, since a significant part of Ukraine’s aircraft fleet, including military aircraft and helicopters, still consists of Soviet models and is actively used.
According to UNN, Ukraine inherited a significant amount of Soviet aircraft, which is actively used in the Armed Forces, National Guard, rescue services, as well as for international contracts. Due to wear and tear, this equipment constantly needs repair and modernization. However, Ukrainian aviation legislation requires coordination of such work with the manufacturer or the availability of current technical documentation. Most of the manufacturers of these aircraft are Russian enterprises, with which all contacts were severed after the start of the full-scale invasion.
Ukraine cannot abandon Soviet aircraft, as it remains an important part of the aviation forces even against the backdrop of the supply of Western aircraft. The Commander of the Army Aviation of the Armed Forces of Ukraine, Colonel Pavlo Bardakov, noted that Ukraine is simultaneously mastering new models and repairing and modernizing existing Soviet equipment.
The State Aviation Service of Ukraine (DASU) and the Main Directorate of State Aviation of Ukraine (GUDAU) must solve this problem by choosing one of the three options provided for by the Air Code of Ukraine:
Complete cessation of use and maintenance: This option is a critical risk, as it will decommission a significant part of the Ukrainian aircraft fleet that performs important combat missions.
The state takes responsibility: DASU can independently grant permits to companies for maintenance. This looks like the most flexible and optimal approach, which allows keeping the equipment in working condition and avoiding dependence on the manufacturer.
Determination of a single responsible organization: This option involves granting one organization the exclusive right to all maintenance and modernization work. It carries the risk of monopolizing the market and may negatively affect the quality of service and competition.
The situation remains uncertain at the moment. Experts note that the majority of the Ukrainian aircraft fleet requires specific components, access to which is often limited or lost. Without clear steps from the state and legislative permission to import old components from third countries, Ukraine will risk losing not only its aviation infrastructure, but also its specialists.
