Analysis of the features and identification of problem issues of the legal regulation of ensuring the defense forces of Ukraine within the limits of international aid: assessment of risks

The legal principles of receiving and using international aid received by Ukraine from foreign donors - foreign states and international organizations - are considered. The risk criteria in the provision of lethal weapons to the Defense Forces of Ukraine and the desire to ensure even greater control over the provided lethal weapons and its diversion outside the country and even to the European black market during the decision-making process regarding aid to Ukraine were assessed. As an example, the former Yugoslavia, where it was not possible to fully control the circulation of weapons during the wars. In response to the Russian Federation’s unprovoked invasion of Ukraine, the Council of the European Union on February 28, 2022 adopted an unprecedented decision (2022/338/CFSP) to finance and supply 450 million euros of lethal military aid to the Ukrainian Defense Forces 3, an amount that was doubled by Decision (2022 /471/CFSP) dated March 23, 2022 4. But in this rush to war, the European Union’s strict arms control framework was given little consideration. In particular, the Council of the European Union has not publicly formulated how it takes into account the risks of a long-term conflict in Ukraine, such as the diversion of weapons to the Russian Federation and unwanted non-state armed groups; the post-conflict proliferation of small arms and light weapons and the concomitant growth of transnational crime and regional instability, and even the potential for accusations of war crimes by the Ukrainian side against Russian prisoners of war 5. The formulation of these risks during the decision-making process of the European Union regarding Ukraine is of great importance. The right to collective self-defense in accordance with Article 51 of the UN Charter provides a fundamental legal basis for the provision of international military assistance to Ukraine by individual states. But the specific powers of the European Union regarding the financing and coordination of such supplies are contained in the new European Peace Fund (hereinafter referred to as the EPF), created in March 2021 6. However, the powers of the European Union in the EFM are determined by the criteria for evaluating arms exports to the European Union. Common Position (2008/944/CFSP) dated December 8, 2008, and the International Arms Trade Treaty dated December 24, 2014 (hereinafter - Arms Trade Treaty) 7.