Legal Digest: Developments in Ukraine’s Defence Sector (March – April 2026)

During March and April 2026, the Cabinet of Ministers of Ukraine adopted a series of decisions aimed at simplifying the procurement of innovative defence products by the Ministry of Defence of Ukraine, harmonising the management of intellectual property rights in the military-industrial complex (MIC), and introducing new formats for technological cooperation in the field of AI.

In our previous publication, “Ukraine simplifies the codification of military products and accelerates the contracting of newly developed systems”, we analysed the reform of the codification procedure for armaments and military equipment, as well as the simplification of the supply of products for the needs of Ukraine’s Defence Forces.

1. The Ministry of Defence is empowered to procure innovative weapons for testing under a simplified procedure

The Cabinet of Ministers has launched a pilot project that creates the legal basis for the systematic procurement of innovative defence products with a view to testing them in real combat conditions.

Previously, no procedure existed that would allow the Ministry of Defence to procure innovations for troops to test. Samples of innovative solutions reached units in an unsystematic manner, without a structured mechanism for assessing performance or scaling up successful designs.

The pilot project introduces the concept of “defence innovation product” – a new or improved sample of weaponry, military or special equipment, with no analogues in service and offering improved tactical-technical or qualitative characteristics. Such products may be procured by the Ministry of Defence under a simplified procedure and transferred to designated units for experimental combat use.

Following experimental combat use, the sample is assessed for compliance (or non-compliance) with the declared tactical-technical, qualitative and other characteristics, and for its ability to address operational issues and challenges within the Defence Forces.

Where experimental combat use is successful, the Ministry of Defence will ensure the rollout of the defence innovation product across the Defence Forces, including its inclusion in procurement lists and volumes and, where required, its codification.

2. Unified rules for managing intellectual property in the MIC

On 10 April 2026, the Cabinet of Ministers approved the Policy on the Management of Intellectual Property in Ukraine’s Military-Industrial Complex (the “Policy”), which formalises the approach of the public sector (state customers and state-owned enterprises) to the management of its own intellectual property in the MIC and reduces legal uncertainty for private counterparties.

In particular, the Policy proceeds from the premise that state customers and MIC enterprises must contractually regulate compliance with IP legislation in their agreements with private counterparties.

The Policy’s objectives are to be achieved by state customers and enterprises through, among other things:

• establishing or designating responsible units and officers for IP management;
• developing internal documentation on the acquisition and exercise of IP rights;
• ensuring timely registration of IP objects, maintaining the validity of protective documents (patents, certificates), and conducting regular inventories and valuations of intangible assets;
• entering into licence agreements for the use of IP objects;
• taking measures to protect IP rights in the event of their infringement.

A key element of the Policy is the creation of a “Unified Information System for Research and Development Works, Results of Intellectual Activity and Technologies for Military and Dual-Use Purposes, and Design Documentation for Military Products”. The system will function as a shared repository for state customers and MIC enterprises, with centralised state management exercised through the Ministry of Defence.

3. Ukraine becomes the first country to open access to AI model training on real combat data

The Cabinet of Ministers has launched a pilot project granting Ukrainian companies and foreign defence agencies access to the Ministry of Defence’s AI platform. The platform is built on real battlefield data and is intended to support the development of military products that use AI.

As the rights holder and project coordinator, the Ministry of Defence may grant access to the data, in particular for training AI models, verifying the compatibility of technologies, and developing new or improving existing military products that use AI. Access is provided through a dedicated platform built on the basis of the Ministry of Defence’s Centre for Innovation and Development of Defence Technologies.

Ukrainian companies interested in using the platform must meet one of the following criteria:

1. be a supplier under a state contract with the Ministry of Defence or a contractor under defence contracts concluded with other state customers;
2. be designated as critically important for the needs of the Defence Forces during the special period; or
3. be included in the electronic register of state contract performers.

Foreign defence agencies may obtain access under international treaties or separate agreements on the provision of access to software products. The Ministry of Defence decides on the terms of payment for access by foreign partners on a case-by-case basis. For Ukrainian companies, access is free of charge.

For the purposes of the project, the Ministry of Defence may export military products without obtaining authorisation from the Cabinet of Ministers. The obligation to obtain a permit from the State Export Control Service of Ukraine, however, remains in force.

Conclusions

Taken together, these changes form a consistent strategy for stimulating the development of the MIC: accelerating the cycle from development to combat use, harmonising the management of IP rights, and opening up new forms of technological partnership — all on terms that protect Ukraine’s national security interests.

For companies operating in the MIC, and for international partners considering cooperation in defence technologies, these developments raise practical questions: how the new mechanisms apply to current or planned activities, whether existing contractual structures and arrangements meet the new requirements, and whether these changes create opportunities previously unavailable.