How the new mechanism of air defence groups based at enterprises operates

The Government has introduced a new mechanism for business participation in the air defence system, which is already capable of being applied in practice. The Procedure sets out in detail the procedure for enterprises to obtain authorisation, the stages of formation of air defence groups, the format of interaction with the Ministry of Defence of Ukraine (the “MoD”) and the Air Force of the Armed Forces of Ukraine, as well as the rules of reporting and subordination within the unified air defence command and control system.

Legal regime for the participation of enterprises in the air defence system

For the first time at the regulatory level, it is envisaged that enterprises may establish their own air defence groups to protect the enterprise’s property and the territory of Ukraine by means of detection, observation, notification, and/or neutralisation of aerial threats.

At the same time, the right to form such groups is granted exclusively to authorised enterprises, i.e., those which have undergone the procedure defined by the Procedure and have obtained the relevant decision of the MoD.

An authorised enterprise may be:

• an operator of critical infrastructure; or
• an enterprise that has the legal status of a special eligibility status, i.e. has obtained authorisation for the manufacture, acquisition, storage, transportation, accounting and use of specifically designated items, materials and substances, as well as for the establishment and operation of certain enterprises, workshops and laboratories for the purpose of protecting the interests of the state and the safety of citizens and/or holds a licence for the provision of security services and/or has duly submitted a declaration on the provision of security services, and/or is included in the electronic register of participants in selection procedures and performers of state contracts (the “Special Eligibility Status”).

Procedure for obtaining authorisation and establishing an air defence group

The procedure is two-tier and comprises the stage of acquiring authorised enterprise status and the stage of establishing a specific air defence group.

Stage one – obtaining authorisation from the MoD

At the first stage, an enterprise applies to the MoD in order to obtain authorisation to carry out air defence measures. For operators of critical infrastructure, a simplified declarative mechanism is provided – it is sufficient to submit a letter of intent to carry out air defence measures with confirmation of compliance with personnel requirements, including:

1. full civil legal capacity of the head and employees proposed for inclusion in the air defence group;
2. attainment of the age of 21 by such persons;
3. absence of an unspent or outstanding conviction for intentional offences; and
4. absence of chronic mental or other illnesses preventing the performance of the functional duties defined by the Procedure.

For other entities, a full procedure applies, which includes submission of an application in free form by personal submission, by post, or in electronic form with a qualified electronic signature affixed, to the MoD’s email address, indicating information on:

• the enterprise (full name, location, identification code according to the Unified State Register of Enterprises and Organisations of Ukraine (the “EDRPOU”), contact details);
• its head (surname, first name, and patronymic, series and number of the identity document);
• capacity to perform air defence tasks;
• readiness to procure air defence means in the event of being granted authorisation to carry out air defence measures;
• the indicative structure and composition of the air defence group; and
• information on absence from sanctions lists and absence of links with the russian federation.

The application must be accompanied by:

• a copy of the document confirming the existence of the Special Eligibility Status; and
• copies of documents confirming compliance with the personnel requirements of the head of the enterprise and employees proposed for inclusion in the air defence group, namely: 1) completion of a mandatory preliminary (periodic) psychiatric examination and preventive narcological examination; 2) absence of a criminal record for intentional offences; 3) absence of health-related restrictions preventing the performance of functional duties.

Within 10 days, the MoD reviews the submitted materials and adopts a decision on granting or refusing to grant authorisation. Only upon receipt of the MoD’s decision does the enterprise acquire the status of an authorised enterprise. However, this does not mean the automatic establishment of an air defence group. The next step is its internal formation at the enterprise level.

Stage two – approval by the Air Command

At the second stage, the head of the authorised enterprise appoints the head of the air defence group, approves the structure of the air defence group, and appoints the group’s personnel upon submission by the head of the air defence group. Candidates for inclusion in the air defence group submit to the head of the authorised enterprise an application for inclusion in the group, an identity document, a taxpayer identification number, as well as documents confirming compliance with the personnel requirements.

Following the formation of the air defence group, the authorised enterprise submits an application to the Air Command of the Air Force of the Armed Forces of Ukraine operating in the relevant territory for its establishment. The application shall specify:

• information on the authorised enterprise (name, location, identification code according to EDRPOU, contact details);
• details of the head of the authorised enterprise (surname, first name, and patronymic);
• information on the areas (locations) of facilities subject to air defence;
• information on persons proposed for inclusion in the air defence group (surname, first name, and patronymic, taxpayer identification number); and
• contact details of the person responsible for the establishment of the air defence group (surname, first name, and patronymic, telephone number, email address, job title).

As a general rule, a copy of the MoD decision granting the enterprise authorisation to carry out air defence measures and to establish an air defence group shall be attached to the application.

Operators of critical infrastructure submit the application under separate rules. A copy of the MoD decision is not attached. However, the application must include information on the critical infrastructure facility, including its registry number, the date of entry into the relevant Register, the critical infrastructure sector (if applicable), and the facility’s criticality category (if applicable).

If a positive decision is adopted, a joint decision of the Air Command and the authorised enterprise is formalised. This document constitutes the legal basis for organising the activities of the air defence group, determining the procedure for its interaction with units of the Air Force of the Armed Forces of Ukraine, as well as for planning and managing its actions within the unified air defence command and control system.

If the establishment of the group is deemed inappropriate, the Air Command informs the authorised enterprise by sending a notice by post or in electronic form with a qualified electronic signature affixed. The Procedure does not contain an exhaustive list of criteria for assessing the appropriateness of establishing a group, which indicates the existence of discretionary powers of the Air Command when adopting the relevant decision.

Procedure for the management and coordination of air defence groups

Following the adoption of the joint decision, the activities of the air defence group are organised and coordinated by the Air Command within the overall air defence system. The head of the authorised enterprise informs the Air Command of the completion of the group’s formation and its readiness to perform tasks in accordance with the procedure defined by the joint decision.

The head of the air defence group ensures the maintenance of daily duty records, compiles and updates information on the personal composition of the group, and enters the relevant data into the information system of the Armed Forces of Ukraine. In addition, a monthly report is submitted to the Air Command on the composition of the group, the number of tasks performed, identified threats, means used, and results of actions.

The use of air defence means shall be carried out exclusively within the scope of tasks defined by the joint decision and in coordination with military command authorities. Members of the air defence group may not be involved in the performance of combat or other tasks not directly related to air defence measures provided for by the Procedure.

At the same time, the Government has announced further development of this mechanism. In particular, according to official communications of the Cabinet of Ministers of Ukraine, it is planned to expand the capabilities of critical infrastructure enterprises to establish air defence groups, introduce qualification requirements and training for the personnel of such groups, update the rules for accounting and storage of air defence means, as well as provide for the possibility of temporary transfer of relevant armaments to enterprises by decision of the Air Force Command of the Armed Forces of Ukraine. As of today, the relevant changes have not yet been implemented in the current regulatory framework.

Thus, an air defence group established on the basis of an enterprise does not operate autonomously but is integrated into the command and control system of the Air Force, with a clearly defined scope of powers, subordination, and reporting mechanisms.

For an enterprise, participation in such a mechanism means more than the formal obtaining of authorisation. It involves compliance with established personnel requirements, readiness for regular interaction with military command, adherence to the reporting regime, and operation within clearly defined legal limits. It is precisely this model that combines private initiative with elements of the state security system, while maintaining the regulated nature of the enterprise’s powers.