Key Highlights:
Support with Conditions: The Ministry of Defense backs the creation of PMCs but highlights the need for a regulatory and legal framework that aligns with Ukrainian and international laws.
Draft Law Registration: The draft law was registered on the government portal on July 29.
Inconsistencies Noted:
- The Ministry of Defense's conclusion states that the current draft version is inconsistent with the Constitution of Ukraine, the laws "On Defense of Ukraine" and "On Intelligence".
- It contradicts international treaties and the Montreux Document recommendations on the functioning of PMCs during armed conflicts.
Recommendations:
- Emphasis on creating a regulatory and legal framework using international best practices.
- The Ministry of Defense proposes involving its specialists to finalize the draft law.
Provisions of the Draft Law
Author: The draft law is authored by Serhii Hryvko, a member of the "Servant of the People" party.
Purpose:
- Define the legal status and organizational principles of international defense companies established in Ukraine.
- These companies will participate in defense measures and provide defense services outside Ukraine.
State Service of Ukraine for International Defense Companies:
- A proposed new state body to regulate and manage PMCs.
- It will report to the Main Directorate of Intelligence of the Ministry of Defense of Ukraine.
- Responsibilities include monitoring private companies, registering defense service agreements, and accounting for weapons and equipment.
Conclusion
The Ministry of Defense's support for the draft law on PMCs underscores a commitment to enhance Ukraine's defense capabilities while ensuring alignment with constitutional and international legal standards. The proposed regulatory framework and state oversight aim to ensure that the activities of PMCs are effectively managed and transparent.
