No legal analysis on the gifting of MiG-29s to Ukraine found, MOD is to take legal action
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- Date: 12.06.2024
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In his statement, Deputy Defence Minister Igor Melicher said: “After joining the ministry, I had an audit of the ministry’s relevant authorities completed. I tried to find information whether anyone had worked on such a legal analysis and whether it existed at all. No evidence was found. By sending the fighter jets, worth over €500m, to Ukraine, the Government in Resignation made a major foreign policy decision and thereby violated the SVK Constitution. We are preparing legal action over this matter.”
Following the MOD's investigation, it has turned out there is no official legal analysis of the transfer which would have committed the interim government of PM Eduard Heger to gifting 13 MIG-29s and some of the Kub air defence system assets to Ukraine in March 2023. Back then, there were a number of lawyers who argued that the interim cabinet that had tabled a motion of no confidence in itself didn't have the authority to adopt decisions on key foreign policy issues, and hence it was not authorised to donate the aircraft. Deputy Defence Minister Igor Melicher has since long pointed to this fact. Ex-minister Jaroslav Naď published one of the legal opinions he relied on when gifting the equipment to Ukraine on a social network in May 2023. “It has turned out that the ex-minister lied when he claimed to have relied on a legal analysis in donating the MiG-29 fighter jets to Ukraine,” Mr Melicher said.