Ukraine mulls legalizing private military companies

After two and a half years of full-scale war with Russia, Ukraine is on the brink of establishing its own “private military companies” (PMCs). A relevant bill has already been submitted to parliament, with the Ministry of Defense offering support while recommending significant refinements.

In Ukraine, the term PMC instantly conjures images of the Wagner Group, Russia’s once-notorious band of mercenaries. Infamous for war crimes both within Ukraine and beyond, Wagner’s reputation is so tainted that the UK has designated it a terrorist organization.

Unlike Ukraine’s proposed framework, Russia’s PMCs operate in a legal gray zone. Wagner mercenaries, for instance, lacked official combat participant status, forfeiting standard benefits and even the guarantee of body repatriation if killed. Instead, they were offered high pay and impunity for war crimes, with missions and weaponry sourced directly from the state despite their ostensibly private status.

Despite these concerning associations, experts argue that the creation of PMCs in Ukraine is both necessary and urgent. Euromaidan Press has delved into the advantages and drawbacks of this new bill to understand why.

PMCs as a post-war strategy

On 26 April 2024, MP Serhiy Hryvko from President Zelenskyy’s party introduced a draft law to Ukraine’s Parliament titled “On International Defense Companies,” commonly known in English as “private military companies”.

The legislation primarily targets the post-war period, aiming to address challenges associated with demobilization, including concerns about unregistered weapons, unemployment, and security risks. It proposes PMCs as potential employers for veterans, offering a path for their reintegration into civilian life while bolstering Ukraine’s security infrastructure.

Key objectives of the law include:

• Enhancing Ukraine’s external and internal security
• Supporting veterans’ social and psychological rehabilitation
• Providing financial stability for former military personnel
• Creating a new revenue stream for the post-war state budget through taxes and fees from PMCs.

The draft outlines a framework for establishing and operating PMCs in Ukraine, including licensing procedures, legal status definition, and management structures. The law’s author notes that it draws inspiration from the experience of private military companies in countries like the US.

Private armies on the horizon

The proposed Ukrainian legislation defines an International Defense Company (IDC) as a business entity established and registered in Ukraine that provides defense services beyond its borders. Eligible employees include Ukrainian citizens, foreigners, and stateless persons aged 21 or older with at least one year of service in the Armed Forces of Ukraine, the National Guard, or other Ukrainian military formations.

When operating abroad, IDCs are authorized to provide the following services:

• Implementing security measures for individuals, legal entities, and their lawful activities
• Protecting buildings, structures, territories, water areas, and vehicles
• Training personnel from foreign military formations and law enforcement agencies
• Demining operations
• Consulting on security, law enforcement, and conflict resolution; mediation in armed conflicts
• Conducting defense services for Ukraine’s allies under established legal procedures.

The draft law also outlines the armament permitted for IDCs, including:

• All types of small firearms and ammunition
• Fragmentation and non-fragmentation explosive devices and materials
• Armored vehicles with armament up to heavy machine gun or anti-tank missile system capability
• Specialized equipment such as bridge layers, mine-clearing vehicles, electronic warfare and reconnaissance systems, drones.

All equipment must be registered and assigned to the IDCs for use in defense activities and services.

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The legislation also allows IDCs to purchase or lease equipment and weapons from foreign companies and Ukrainian military units.

Ukraine needs PMCs now, not after war, says former MP

Ihor Lutsenko, a former Ukrainian MP now serving in the Armed Forces, believes the law on Private Military Companies (PMCs) is needed immediately, not just after the war ends. He argues that, if properly finalized, it could significantly enhance Ukraine’s defense capabilities.

Lutsenko points out that while the Ukrainian army in quality outperforms Russian forces, it still struggles with bureaucracy—a challenge that private companies would likely face to a lesser extent.

“Old armies with developed bureaucracies are giving way to private initiatives,” he writes.

To maximize their effectiveness, Lutsenko suggests the law should require PMCs to perform tasks within Ukraine during wartime, thereby supporting the country’s military efforts. He cites Russia’s use of the Wagner Group during the battle for Bakhmut in 2023 as an example, noting that an autonomous military company demonstrated superior performance compared to the regular army.

Good idea, poor execution, say critics

While the Ukrainian government and Ministry of Defense broadly support the concept of Private Military Companies, they have raised significant concerns about the current draft law.

The Ministry has highlighted inconsistencies with Ukraine’s Constitution and existing laws on defense and intelligence. Moreover, some provisions conflict with international treaties, including the Additional Protocols to the 1949 Geneva Conventions and the Montreux Document on PMC operations during armed conflicts.

“The idea of creating a legal framework for military consulting activities has been under discussion in professional circles for quite some time. It requires the integration of international best practices to align the relevant international legal framework with national legislation,” states feedback from the Ministry of Defense.

The Ministry proposed forming a working group to refine the draft, suggesting that Ukraine is likely to adopt a revised law in the future.

Defense experts have also weighed in on the draft’s shortcomings. Oleksandr Saienko, a former brigade commander and defense analyst for the Independent Anti-Corruption Commission (NAKO), acknowledges the necessity of such legislation, especially during wartime, but finds the current draft severely lacking.

“I don’t like the term ‘private defense companies’ at all,” the expert told Euromaidan Press. “Globally, they are referred to as either ‘private military companies.’ What has been registered so far can’t even be called a draft law; it’s just a set of theses, to put it politely.“

Saienko also points out inconsistencies with existing Ukrainian legislation and argues that these companies should be required to operate within Ukraine during martial law, not just abroad.

“If these are Ukrainian citizens, they must be involved in the country’s defense during martial law. In this case, they should all be obligated to protect Ukraine,” Sayenko asserts, emphasizing the need for clearer specifications regarding the companies’ wartime activities.

In conclusion, while experts agree on the necessity of a legal framework for PMCs, they stress that the current draft requires substantial revision. As Saienko puts it, “Everything needs to be rewritten. Only the idea remains viable.”

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Since 2014, Ukraine has witnessed the effectiveness of semi-autonomous units within its military structure. Volunteer battalions like the Azov Brigade, the Madyar’s Birds drone regiment, and the Third Assault Brigade have demonstrated superior recruitment capabilities and operational flexibility. However, their potential remains constrained by current legal frameworks and military bureaucracy.

The proposed legislation on PMCs in Ukraine could potentially address part of these limitations. If properly refined and implemented, it could not only formalize the status of autonomous units but also catalyze significant growth in the country’s defense sector.

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