Contrary to the Constitution: the Ministry of Defense of Ukraine supported the bill on creating private military companies (PMCs) in the country

The Ministry of Defense of Ukraine supported with comments the draft law No. 11214 on international military companies on the territory of the country, also known as the “law on the legalization of PMCs” (private military companies).

The author of the document is Serhiy Hryvko, a deputy from the “Servant of the People” party, who has already become famous for a number of controversial initiatives—from a tax on childlessness to allowing combat commanders to kill soldiers for disobeying orders.

On the website of the Cabinet of Ministers, the accompanying documents to the draft law include conclusions from the Ministry of Defense, the State Border Guard Service, and the Ministry of Finance regarding this document. At the same time, the letter from Deputy Minister of Defense Ivan Havryliuk does not unequivocally endorse it. It states that in the proposed version, the draft law does not comply with the Constitution of Ukraine, the laws on defense and intelligence, or the protocols to the Geneva Conventions.

The State Border Guard Service, however, did not express any objections to the document.

What does this document entail?

The draft law defines a new entity—a “international defense company.” It is defined as a company registered in Ukraine that provides defense services (training, tactical preparation, convoying, and other tasks) outside Ukraine.

The founders of defense companies can only be residents of Ukraine. The employees of these companies (referred to as “operators” in the text of the draft, with no restrictions on citizenship or residency) will be able to use a wide range of weapons and equipment and directly perform defense services tasks or personally participate in “defensive measures.”

To regulate the activities of these companies, it is proposed to create the State Service of Ukraine for International Defense Companies, which will be accountable to the Main Directorate of Intelligence.

International defense companies can have registered locations or actual premises and territories (training grounds) only in regions of Ukraine that border a state recognized as an aggressor state by Ukraine.

Such companies will be allowed a wide range of activities—from purchasing weapons (including using trophy weapons), recruiting personnel, to mediating in resolving armed conflicts and providing defense services to Ukraine’s allies.

Despite the fact that the first article of the draft law states that such companies provide defense services outside Ukraine, the document further allows “defense measures” related to protecting Ukraine’s state sovereignty and territorial integrity in “cooperation with military and law enforcement agencies,” and during martial law, international defense companies will be directly subordinated to the Ministry of Defense.

Citizens of Ukraine, foreigners, and stateless persons aged 21 and older who have served at least one year in Ukraine’s military formations and provide medical certificates confirming they are not registered in psychiatric or narcological dispensaries can be recruited to participate in these companies.

After training, PMC operators are to be given broad rights to use defense equipment and weapons for self-defense, preventing weapon seizures, detaining violators who enter protected sites, or other “unlawful actions,” the specifics of which are not detailed.