Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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Vol.39 N° 71
2021
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Vol. 39, Nº 71 (2021), 81-107
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legislative Provision of Standardisation
of Armaments and Military Equipment
Development: International Aspect
DOI: https://doi.org/10.46398/cuestpol.3971.04
Demian V. Smernytskyi *
Mykhailo Y. Aleksandrov **
Vadym I. Prykhodko ***
Valerii M. Podoinitsyn ****
Malvina A. Bakal *****
Abstract
The aim of the study was to identify objectives and measures
for expansion of the system of standards in Ukraine for the
development of armaments and military equipment in the
context of improving national defence capabilities. The following
methods were used to achieve the aim set in the study: the method
of direct observation, comparison, monitoring and analysis of the content
of documents that provide standardisation of armaments and military
equipment at the state and interstate levels. The key results of the study
were: observation and comparison of the scope of regulations that ensure
the standardisation of armaments and military equipment at the national
level, as well as among NATO countries; comparison and distribution of
powers of the competence of executive and supervisory bodies for the
development and implementation of standards. Besides, the study provides
a chart of the legal background for standardisation, and directly determines
the sequential logical place of the stage of development of armaments and
military equipment in the life cycle. Proposals are made at the end of the
study on how to increase the eectiveness of legislative provision for the
standardisation of armaments and military equipment.
* Doctor of Law, Senior Researcher, Assistant Director of the State Research Institute of the Ministry
of Internal Aairs of Ukraine, 01011, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-6066-
0324
** PhD in Law, Senior Researcher at the State Research Institute of the Ministry of Internal Aairs of
Ukraine, 01011, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-9574-232X
*** PhD in Law, Senior Researcher at the Department of special transport, Research Laboratory of Special
Transport and Uniforms, The State Research Institute of the Ministry of Internal Aairs of Ukraine,
01011, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-0452-6854
**** PhD in Law, Leading Researcher at the State Research Institute of the Ministry of Internal Aairs of
Ukraine, 01011, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-8874-1222
***** PhD in Law, Researcher at the State Research Institute of the Ministry of Internal Aairs of Ukraine,
01011, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-7623-890X
82
Demian V. Smernytskyi, Mykhailo Y. Aleksandrov, Vadym I. Prykhodko, Valerii M.
Podoinitsyn y Malvina A. Bakal
Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
Keywords: weapons; standardisation; standards; legislation; military
equipment; Nato standards.
Disposición legislativa de normalización de
armamentos y desarrollo de equipos militares:
Aspecto internacional
Resumen
El objetivo del estudio fue identicar objetivos y medidas para la
expansión del sistema de normas en Ucrania para el desarrollo de
armamento y equipo militar en el contexto de la mejora de las capacidades
de defensa nacional. Para lograr el objetivo planteado en el estudio se
utilizaron los siguientes métodos: el método de observación directa,
comparación, seguimiento y análisis del contenido de los documentos que
proporcionan la estandarización de armamentos y equipos militares a nivel
estatal e interestatal. Los resultados clave del estudio fueron: observación y
comparación del alcance de las regulaciones que aseguran la estandarización
de armamentos y equipos militares a nivel nacional, así como entre países
de la OTAN; comparación y distribución de poderes de competencia de los
órganos ejecutivos y supervisores para el desarrollo e implementación de
normas. Además, el estudio proporciona un cuadro de los antecedentes
legales para la estandarización y determina directamente el lugar lógico
secuencial de la etapa de desarrollo de armamentos y equipos militares
en el ciclo de vida. Se hacen propuestas al nal del estudio sobre cómo
aumentar la ecacia de la disposición legislativa para la estandarización de
armamentos y equipos militares.
Palabras claves: armas estandarización; estándares; legislación;
equipamiento militar; normas de la OTAN.
Introduction
Standards have existed for many millennia. For example, standards for
measuring time, distance and weight were among the rst types of standards
created. As mankind progressed, the scope of standardisation grew.
Defence standards have emerged because of the need for proper
performance, stability and reproduction, as well as the logistical benets of
military equipment (Eurolab, 2017). The current system of standardisation
of development and production of weapons, ammunition and military
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 81-107
equipment attracts attention not only in terms of co-ordination of
compatibility of weapons by calibre, outt by functionality and special
equipment by purpose, but also because individual parts and elements
of one defence product can be produced in dierent geolocations and
countries. In this case, if the relevant standards are met, the assembly of
separate parts of the future product will be successful.
The stage of implementation and compliance with standardisation in
the development of armaments occupies a key place in ensuring compliance
with security measures. In particular, weapons and ammunition are used in
certain conditions not only by the armed forces, but also by law enforcement
agencies, private security organisations, collectors, etc. Legislative provision
for the standardisation of the development of armaments and military
equipment (hereinafter — the AME) is a public activity of the relevant
bodies, which aects the creation of products and tools for the defence
industry through regulations.
Five European countries, France, Italy, the Netherlands, Belgium and
Luxembourg, were the rst to decide to standardize armaments by forming
the FINBEL group in 1953 (Burigana and Deloge, 2006). FINBEL group had
succeeded in standardization of spare parts, but not for nished products
(Alla and Sergii, 2021). Also created regional organizations of a small
amount of cooperation: Union of South American Nations (UNASUR),
Association of Southeast Asian Nations (ASEAN), Shanghai Cooperation
Organization (SCO), Economic Community of West Africa (ECOWAS),
Southern African Development Community (SADC), African Union (AU).
In turn, groups with great military capabilities made up the following
groups of: North Atlantic Treaty Organization (NATO), Commonwealth of
Independent States (CIS), European Union (EU) (Alla and Sergii, 2021).
Standardisation of military equipment is an integral part of the system,
which is called “standardisation in the defence sector”. Armament’s
standardisation is a method of improving interoperability within the
country and between the armed forces, a process that can lead to cost
savings in defence development and increase the operational eciency of
military personnel (European Union Institute for Security Search, 2018).
At the same time, military standardisation activities in the defence sector
result in a creation of a group, a complex and a certain system of standards.
Modern administrative and legal support for defence standardisation in
foreign countries, NATO and the EU is a major factor in the establishment
and operation of defence standardisation systems and directly aects the
protection of sovereignty, territorial integrity and security, protection
of society and states that are part of international and regional defence
organisations from internal and external threats (Podoinitsyn, 2019).
84
Demian V. Smernytskyi, Mykhailo Y. Aleksandrov, Vadym I. Prykhodko, Valerii M.
Podoinitsyn y Malvina A. Bakal
Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
Ukraine’s thrive for global economic integration necessitates bringing
the national system of standardisation and technical regulation in line with
the principles of the World Trade Organisation (hereinafter — the WTO), in
particular, the Agreement on Technical Barriers to Trade (hereinafter — the
TBT Agreement) (State Committee of Ukraine on Technical Regulation and
Consumer Policy, 2006).
In many developing countries, there are companies that produced
weapons designed during the Soviet era, including ammunition, for
several years. But, countries that decided to start producing ammunition
in compliance with NATO standards have already set up export promotion
councils to attract other countries to process, modernise and expand their
product range (King, 2010).
In order to investigate the topic of article the aim of the study became to
identify objectives and measures for expansion of the system of standards
in the context of improving national defence capabilities.
The study will contribute to further progress of the national system
of standards for the development of armaments and military equipment,
taking into account the experience of other countries, which will promote
eective management of this process, making optimal technical decisions,
minimising state budget costs in developing defence products.
The topicality of the study is that the results of the work of the Ministry
of Defence and other central executive bodies on the application of the
system of standards by domestic enterprises indicate the need for its radical
change or the creation of a new one (Cabinet of Ministers of Ukraine,
2009). In addition, a clear idea of the scope and structure of the system
of legislation to standardise the development of armaments and military
equipment is extremely important in times of armed aggression by the
Russian Federation against Ukraine (Verkhovna Rada of Ukraine, 2018).
A logically designed system of defence standards will further implement
NATO and NATO member states’ defence standards (Verkhovna Rada of
Ukraine, 2019), increase the level of conformity of developed weapons with
modern conditions of hostilities in eastern Ukraine, and thus strengthen
the level of security at state borders and increase the prestige of the Armed
Forces as a whole.
In the scientic literature one can nd attempts to study the legislative
provision of national defence product standardisation. However, despite
the large number of available texts, little attention is paid to the issue of
determining the scope of activities and existing AME standardisation
Programmes.
A group of scholars studied the practical implementation of military
standards.
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 81-107
Aim of the research is identication of ways, main objectives, and
regulatory measures for further advance of the national system of standards
for AME development in the context of improving national defence
capabilities.
Research objectives are the following:
Determine the essence and composition of the standardisation
system of AME development.
Determine the bodies responsible for the implementation of
legislative support for AME standardisation.
Analyse the foreign experience of administrative implementation of
AME standardisation.
Formulate proposals to increase the eciency of legislative support
for AME standardisation.
1. Literature Review
The study, analysis, generalisation, and systematisation of empirical
developments in the scientic literature on the AME standardisation in the
context of administrative law, allowed us to provide basic opinions that are
important for this article. Namely:
1. Since the development of high-precision AME leads to the need
to create a new generation of specialised control systems, their
characteristics and parameters during testing, the primary need is
to improve the test system, the regulatory framework of which is a
system of standards.
As a result of the practice, the period of updating (glancing) of the
standards in the middle warehouse is 5 years. For the rest of the rock, there
have been changes in the minds of the growth of intelligence in military
equipment, the accumulation of signicant information about the robots
with the existing system of standards in defense halls, the meaning of the
changes and inadequacies of the new generation of standards (Lappo et al.,
2020).
2. Arms standardisation within a military alliance has a number of
advantages. This ensures the division of arms production into
separate coalition territories, which facilitate supplies in the event of
a conict. It also increases the cost-eectiveness of production and
science by combining eorts of research agencies (Akşit, 2014). It also
facilitates interaction between allied countries and the maintenance
of units during war, allowing to join and exchange ammunition,
spare parts, and so on (Raik, 2016).
86
Demian V. Smernytskyi, Mykhailo Y. Aleksandrov, Vadym I. Prykhodko, Valerii M.
Podoinitsyn y Malvina A. Bakal
Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
3. The success of the development of new technologies and AME is
closely linked to the full cycle of theoretical and practical research,
laboratory, and eld tests. This, in turn, requires the creation or
modernisation of appropriate material and technical resources as
well as testing facilities, bringing it to the current technical level,
which requires signicant nancial and material costs (Lappo et al.,
2020).
4. NATO standardisation supports the achievement and strengthening
of interaction between NATO forces and allied forces to strengthen
defence capabilities and operational capabilities. Standardisation
for achieving compatibility is not an end in itself but is a key factor.
NATO standardisation is the development and implementation of
procedures, projects and terms to the level required for interaction
between the Allies, or recommendations on good practice. To achieve
interoperability, standardisation requires a comprehensive and
systemic approach, starting with the denition of requirements,
followed by the development of solutions, their implementation
and verication (NATO Standardisation Oce, 2018). Reforming
the military and security sectors in line with NATO standards is a
priority for Ukraine (Mission of Ukraine to the North Atlantic Treaty
Organisation, 2021).
5. The Ukrainian way of applying NATO standards has a positive
dynamic, but often public discourse causes problems with the
interpretation of basic concepts. There is still a lot of work ahead,
as most standards have not yet been adopted (Kozii and Tarasiuk,
2019).
6. Woznyak et al. (2016) found that in recent years more than seventy
countries of the Alliance at various levels (Partnership for Peace,
Mediterranean Dialogue, Istanbul Cooperation Initiative, etc.) have
shown interest in the Alliance’s standardisation policy.
There are many reasons for this interest, the main of which are the
partners’ thrive to increase the level of national security through integration
into a democratic community and saving their own resources and eorts.
Thus, standardisation is a topical issue for both the Alliance and all its
members and partners (Ministry of Defence and Veterans Aairs of France,
2011)
7. In the United States, there are no federal rules on the safety standards
of rearms produced. Federal law does not establish any safety
standards for the design of domestic rearms. This is because, unlike
any other consumer product made in the United States, rearms and
ammunition are not subject to the health and safety standards set by
the Federal Consumer Safety Act. As a result, many types of rearms
87
CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 81-107
are manufactured and sold in the United States without proper
security testing and without the inclusion of basic security features
(Giords Law Centre, n. d.).
2. Methodology
The input data for this study were information obtained from scientic
papers (Johannes, 2018; King, 2010; Lappo et al., 2020) and articles
(Eurolab, 2017; European Union Institute for Security Search, 2018;
Ukrinform, 2021). In this case, the main empirical background of the study
is collected using four methods: direct observation, comparison, monitoring
and analysis of the documents, which ensure the standardisation of
armament and military equipment at the state and interstate levels.
It was established in the course of direct observation that the role of
legislative support is not limited to the establishment and enshrinement
of technical requirements in regulations. The importance of regulation
also lies in identication of bodies and organisations responsible for the
implementation of standards, the distribution of functions between them,
as well as identication of the limits of liability for non-compliance with
the legal requirements set forth in engineering requirements. In addition,
Ukraine’s course towards association with the EU and the alliance of NATO
member states is a promising direction for changing the current system of
standardisation of AME development.
When using the method of comparison, the laws, documents, and
regulations governing the standards of AME development were identied,
the legal background for the standardisation of AME development was
determined, and the life cycle of the AME models was formed.
It is established that the standardisation system will not function
fully, have gaps and uncertainties without proper nancial and legislative
support. In addition, it was found that no NATO member country has yet
implemented all existing Alliance standards.
The monitoring revealed that the regulatory framework needs to
be improved in terms of the procedure for establishing, substantiating,
and controlling standardisation requirements. It was established that,
in addition to the NATO alliance, there are many other international
armaments standardisation Programmes under the agreements reached.
During the analysis of the content of various documents, the information
posted on social networks and news websites was studied. The current
scope and sources governing the standardisation of AME development was
established. In addition, the tendencies of standardisation in the world,
objectives and directions of legislative regulation of standardisation are
investigated.
88
Demian V. Smernytskyi, Mykhailo Y. Aleksandrov, Vadym I. Prykhodko, Valerii M.
Podoinitsyn y Malvina A. Bakal
Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
3. Results
Armaments are a set of military weapons, ammunition and technical
facilities that ensure their use. Military equipment is technical facilities
designed to ensure and conduct hostilities, train personnel, as well as to
ensure a given degree of readiness for the use of weapons and such facilities.
The AME development is a stage that consists of designing, manufacturing
and testing prototypes needed to test selected technical solutions (Ukrainian
Research and Training Centre of Standardisation, Certication and Quality,
n. d.).
The existing legal framework needs to be improved in terms of the
procedure for establishing, justifying and controlling the requirements
for standardisation and unication of advanced armaments systems and
AME models. This is especially true for single or small-scale production of
complex armaments systems and AME which are created using imported
components, electronic component base, electrical radio products, software
and algorithms (Kulagin, 2009).
In this regard, Law No. 2742-VIII introduced military standardisation.
It should aim to ensure maximum interoperability between the Ministry
of Defence, the General Sta of the Armed Forces, other military units,
law enforcement agencies, central and other executive bodies in the eld
of defence, as well as with armed forces of the North Atlantic Treaty
Organisations and forces of NATO member states through military
standards. Military standards cover standards intended for administrative
(management processes, information exchange, documentation
procedures, etc.) and operational (military practice, operational planning,
methods, procedures, etc.) defence objectives, and all, without exception,
NATO standards and defence standards of NATO member states (Ministry
of Economy of Ukraine, 2019).
By denition, a standard is a regulatory document based on consensus,
adopted by a recognised body, which establishes rules, guidelines or
characteristics of the activity or its results for general and repeated use, and
aims to achieve the optimal degree of order in a particular area (Verkhovna
Rada of Ukraine, 2014). Military standard is a standard adopted by the
military standardisation body, which establishes rules and guidelines for
activities in the defence sector for general and repeated use and is aimed at
achieving the optimal degree of regulation in this area (Verkhovna Rada of
Ukraine, 1992a).
Public law requires the Minister of Defence to have the highest level of
standardisation of the Ministry’s tools used by developing and using uniform
specications, reducing the number, size and types of such defence items.
The library of unique military specications, standards and reference books
is one of the important tools used by the Ministry of Defence to acquire
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 81-107
and maintain its armaments systems. Military specications, standards
and reference books are crucial for the Ministry of Defence, as they provide
the basis for meeting unique military needs at a cost-eective price while
maximizing competition. Ongoing development, indexing and maintenance
of these documents provide the needs of the Ministry of Defence in terms of
time and costs (Defence standardisation Programme oce, n. d.).
Yesimov and Dutuyk (2017) is also right that in order to accelerate
the development of mechanisms that promote the implementation of the
Association Agreement between Ukraine and the EU and increase the level
of national security and defence capabilities of the state, it is necessary
to explore priorities, trends, strategic goals, objectives, principles and
directions of legal regulation of standardisation.
Formally, the legal background of the state standardisation system in
the eld of armaments and military equipment are: current legislation
(Ministry of Economy of Ukraine, 2019), current regulations (Presidential
Decrees, Government Resolutions, Orders of the Minister of Defence), the
Concept of National Standardisation System to Create a National System
for Developing and Supplying Armaments, Military and Special Equipment
(Cabinet of Ministers of Ukraine, 2009), system of current standards,
classiers, targeted standardisation Programmemes by types of AME,
international treaties, etc. Besides, the organisational principles of military
standardisation are determined by the Resolution of the Cabinet of Ministers
of Ukraine (1993) “On the Organisation of Work on Standardisation of
Armaments and Military Equipment in Ukraine”, “Regulations on Military
Standardisation” approved by Order of the Minister of Defence of Ukraine
No. 56 of 24.02.2020, which will regulate the process of implementation
of NATO standards and guidelines within the security and defence sector
of Ukraine (Ministry of Defence of Ukraine, 2020a), the Programme of
Work on Military Standardisation for 2021 - 2023 approved by the Order
of the Head of Standardisation, Codication and Cataloguing No. 80 of
30.12.2020 (Ministry of Defence of Ukraine, 2020b). At the same time, for
better perception, it is proposed to schematically present the whole set of
regulatory documents on standardisation of AME development in Figure 1
(Legal framework for standardisation of AME development).
To ensure the development of national standardisation, its compliance
with the requirements of the Technical Barriers to Trade Agreement of
the World Trade Organisation and harmonisation with the European
standardisation model, the Programmeme of Revision of Current Interstate
Standards (GOST) Developed in Ukraine before 1992, and Bringing them
in Line with the Technical Barriers to Trade Agreement of the World Trade
Organisation was adopted (State Committee of Ukraine on Technical
Regulation and Consumer Policy, 2006).
90
Demian V. Smernytskyi, Mykhailo Y. Aleksandrov, Vadym I. Prykhodko, Valerii M.
Podoinitsyn y Malvina A. Bakal
Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
At the same time, the system of documents on standardisation of
armaments and military equipment is still represented both by the relevant
standards of the former USSR in the military sphere, and standards adopted
by the Ministry of Defence of Ukraine and the State Enterprise “Ukrainian
Research and Training Centre for Standardisation, Certication and
Quality” SE “UkrNDNC”).
At the same time, in accordance with the agreement between the
CIS countries “On the Organisation of Interstate Standardisation of
Armaments and Military Equipment” of 03.11.1995, the work on interstate
standardisation of armaments and military equipment will be carried out
without harming the national interests of Ukraine (Verkhovna Rada of
Ukraine, 1992b). However, this agreement is currently suspended (Cabinet
of Ministers of Ukraine, 2019).
Podoinitsyn and Yafonkin (2017) note that the role of law is not reduced
to the establishment and consolidation of technical requirements should
be taken into account when considering the issue of legal regulation of
standardisation. The legal regulation is also important because of the
impact on the behaviour of individuals in society, which would ensure the
implementation and compliance with technical requirements enshrined in
the legal regulations. This is achieved by: establishing a general procedure
for acceptance of raw materials and nished products of a certain level
of quality; regulation of relations arising in connection with the use of
measuring equipment; bringing to legal responsibility in connection with
violation of regulations and metrological rules; regulation of relations
regarding the quality of products and services.
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 81-107
Figure 1: Legal Framework for Standardisation of
AME Development.
92
Demian V. Smernytskyi, Mykhailo Y. Aleksandrov, Vadym I. Prykhodko, Valerii M.
Podoinitsyn y Malvina A. Bakal
Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
According to the legislation of Ukraine, the standards are of a
recommendatory nature and are applied on a voluntary basis. The powers
of central executive bodies are determined by the Constitution and laws of
Ukraine (Cabinet of Ministers of Ukraine, 2009).
Standardisation procedure includes: development, preparation,
production and updating of standardisation documents (Bumgardner,
2010). In total, there are about 1,160 standards and related standardisation
guidelines in the NATO Standardisation Documents Database (NSDD)
(2021). In addition, national regulations for defence products are:
a) national standards for defence products;
b) national codes of good practice for defence products;
c) national standards for defence products for a particular period;
d) military supplements to national standards;
e) military supplements to national standards for a special period;
f) military supplements to national standards for defence products for
a particular period.
In addition, the national regulations include a trial standard. This is a
document that has been temporarily adopted by the standardisation body
and brought to a wide range of users to gain the necessary experience during
its application, for the basic standard to be based on (Figure 1).
NATO’s standards system is integrated into a complex system of
standardisation regulations. The NATO Allied Publications (AP) is a
document that sets the standard itself and is intended for direct application
by the military authorities of NATO member states, particular organisations
and units (Getmachuk et al., 2019).
Major NATO publications on standardisation include:
AAR-3 standardisation procedures (Production, Maintenance and
Management of NATO Standardisation Documents).
Register of agreements and publications on standardisation AAP-4
(NATO Standardisation Agreements and Allied Publications).
AAP-6 Glossary (NATO Glossary of Terms and Denitions).
List of accepted abbreviations AAP-15 (Glossary of Abbreviations
Used in NATO Documents).
The NATO Standardisation Agreement (STANAGs) is an international
treaty that regulates the general rules and procedures, the unication of
administrative, technical, and logistic processes, armaments and military
equipment, as well as other material assets of Allied and Partner Countries.
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Standardisation agreements also dene the criteria for interoperability
between Member States and partners (Kozii and Tarasiuk, 2019).
SRD — other documents related to NATO standards (Getmachuk
and Fakhurdinova, 2021).
The NATO standards can best be formulated by multinational teams of
national experts (North Atlantic Treaty Organisation (NATO), 1997).
The Ministry of Defence of Ukraine (n. d.) provides for the following
measures to implement NATO standards:
- identication of lists of NATO standards by areas of activity (defence
standards of NATO member states), their priorities.
- requesting and obtaining certain NATO standards (defence standards
of NATO member states).
- study and elaboration of NATO standards (defence standards of
NATO member states), their translation (if necessary), decision-
making on the application of their provisions (norms, requirements)
in the Armed Forces of Ukraine and other components of the security
and defence sector.
- submission of proposals to the national standardisation body
for adoption of international and regional standards as national
standards in case of reference to them in international military
standards.
- development of relevant regulations or documents on military
standardisation (amendments to existing ones) on the basis of NATO
standards (defence standards of NATO member states).
Figure 2 shows that the stage of implementation of material standards
by the state, which is still carried out by many NATO countries, as well as
Ukraine, is only one of the eight other necessary steps towards their mutual
interstate coordination. We should not forget about the conditions of
STANAG implementation under the conditions of a pandemic (Campbell,
2020).
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Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
Figure 2: Lifecycle of STANAG Standards
On this issue, the enterprises of State Concern “Ukroboronprom”
selected 300 NATO material standards (STANAG), which associated with
the AME production in 2017, based on the results of elaboration of the
entire list of NATO standards in order to determine the feasibility of their
implementation in Ukraine as national standards — DSTU V.
The powers of executive and supervisory bodies for the development
and implementation of AME standards are distributed as follows:
- SE “UkrNDNC” — conducts active work on the implementation and
coordination of activities for the development, adoption, verication,
revision, cancellation and renewal of standards;
- The Institute of Standardisation, which is a part of UkrNDNC, is
the leading organisation of Ukraine in scientic and methodological
management of development, implementation and operation
of national standardisation, as well as the main organisation in
Ukraine for standardisation of armaments and military equipment.
In particular, 205 relevant standards have been adopted for military
equipment (Cabinet of Ministers of Ukraine, 2009).
- The Department of Standardisation, Codication and Cataloguing of
the Ministry of Defence performs tasks related to the legal regulation
of relations in the eld of military standardisation, cancellation,
renewal, publication, introduction and application of military
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standards, organisation and control over the standardisation of
products (Ministry of Defence of Ukraine, 2020c).
- The Minister of Defence is responsible for the implementation of
military standards.
- The Standardisation Commission is the leading supervisory body
for standardisation, which is responsible for coordinating the
activities of military authorities on the adoption and implementation
of provisions (norms, requirements) of international military
regulations and reconciliation of discrepancies that may arise when
approving draft military standards, distributing responsibility for
developing NATO standards, etc.
- Technical Committee for Standardisation 176 conducts work on
material (technical) standardisation, usually as part of national
standardisation through defence products.
- Military standardisation organisations (scientic and research
institutions) and temporary (joint) working groups develop, verify
and timely revise military standards in accordance with the areas of
work or under particular tasks (Getmachuk et al., 2019).
Given the above, taking into account the terms and concepts of DSTU
V 8821-1 2018, I propose to schematically present the lifecycle of AME
(Figure 3). This gure shows the sequential and logical place of the stage
of standardisation of AME development, namely: after setting the terms of
reference, taking into account the standards for development and before
production (manufacture, testing and creation) of AME.
In addition, the Cabinet of Ministers of Ukraine should establish a
central executive body — Defence Technology Development Agency — by
the end of June 2021 as part of the reform of the defence industry in order to
implement an eective system of organisation and research on innovative
defence technologies (hereinafter — DT) for the development of high-tech
armaments on their basis.
However, there are obstacles and challenges in implementing NATO
(1997) standards:
- Confusion in terms. In Ukraine, the term “standard” applies not only
to military standards of NATO or NATO member states, but also to
norms, principles and practices of the Alliance or its member states,
which is not entirely correct;
- Insucient number of professionals with the appropriate level of
language involved in the process of developing NATO standards;
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Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
- Irrational use of human resources. Leading positions are mostly held
by representatives of the “old cohort”;
- The need for signicant investment in the application of NATO
material standards.
Some Eastern European countries, such as the Czech Republic and
Poland, have made progress in standardising NATO by developing modern
small arms of the NATO-approved calibre, but the transition to those small
arms and qualied NATO ammunitions designs depends on the funding
provided. More importantly, the US Army’s 2014 Military Weapons
Strategy showed that Americans are considering non-NATO calibres for
new ries and machine guns. The army’s strategy stated that imminent
threats prompted the development of a common, intermediate calibre to
maximise repower and eciency for the unit, while having vulnerability
and accuracy at all distances.
Past NATO experience has also shown that when the alliance switched
to new weapons, the level of standardisation was generally maintained due
to the availability of adequate funding and resources. From a practical point
of view, it was not advantageous to introduce interchange ability of calibres,
such as 5.56 mm, because the members of the alliance would have to further
ratify the existing STANAG. At the same time, the alliance must always be
ready to improve the standardisation of ammunition for the intermediate
calibre to emerge (Zhou, 2016).
On paper, NATO is an ideal organisation that sets standards for the use
of articial intelligence for military purposes, but this may be hampered by
the priorities and budgets of its 30 members (Heikkilä, 2021).
In addition to NATO, there are many other international armaments
standardisation Programmes under the agreements. As a result, for some
countries, the system of regulatory documents for AME standardisation is
somewhat broader than the national one.
AME lifecycle is shown on Figure 3.
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Figure 3: AME Lifecycle
United States (AUSCANNZUKUS). The AUSCANNZUKUS grouping
is to facilitate the exchange of knowledge, which enables the serviceman
to successfully complete missions in the full range of joint and combined
operations. The Network’s working groups cover the concepts of operations,
standard operating procedures, and technical operating instructions.
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Legislative Provision of Standardisation of Armaments and Military Equipment Development:
International Aspect
The Combined Communications-Electronics Board (CCEB). CCEB
is the ve national joint military communications and electronics
organisations (C-E) with the mission to coordinate any C-E military case
transferred to it by a Member State. CCEB member states are Australia,
Canada, New Zealand, the United Kingdom, and the United States (Defence
standardisation Programme, n. d.).
In addition, during a brieng on March 16, 2020, the press secretary of
the Minister of Defence of Ukraine S. Pavlovska said that the Ministry of
Defence of Ukraine is putting all eorts to ensure that the Armed Forces
of Ukraine are as compatible as possible with the forces of NATO member
states. The Ministry has established standardisation, codication, and
cataloguing departments in order to achieve this goal and interoperability
between Ukraine’s defence forces and NATO member states (UANATO,
2020).
‘Ukraine is creating a national system of transition to the NATO standard.
Deputy Prime Minister for European and Euro-Atlantic Integration Olga
Stefanyshyna announced the launch of such a system on April 6. Ukraine is
rmly moving towards accession; NATO is the only way to end the war in
eastern Ukraine.’ Shmygal wrote on his Facebook page (Ukrinform, 2021).
Valery Chaly, Chairman of the Board of the Ukrainian Crisis Media
Centre, emphasised that NATO membership is a strategic direction of
Ukraine’s foreign policy. The Alliance, seen as a key game in Europe’s
fortied defence and security, is a benchmark for Ukraine, and the status
of its member is a goal. “The constitution provides a clear background for
future accession and membership strategies. However, it is important to
remember that there is still a lot to do on the way, this is a homework for
Ukraine’, Valerii Chalyi said (Ukraine Crisis Media Centre, 2021).
Although NATO helps to limit the scope of standardisation, security
aspects and the enormous size of the alliance make it a cumbersome
grouping to achieve technical harmonisation of armaments. The ABCANZ
group of countries is becoming a key factor in setting technical standards,
which will also help inuence NATO (Johannes, 2018).
In the long run, cooperation between NATO and a certain country
without mutual commitments requires the rst level of standardisation
(compatibility), partnership with mutual assistance commitments requires
the second level (interchange ability), and the country’s integration into
NATO requires the third level of standardisation (unication) (Woznyak et
al., 2016). As of January 2021, Ukraine has implemented a total of 292 NATO
standards and guidelines (about 19% of standardisation agreements), of
which 86 are substantive standards (Getmachuk and Fakhurdinova, 2021).
This is 27% of the implemented standards and 14% of the total number of
NATO material standards.
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Moreover, since June 12, 2020, Ukraine has been one of the six countries
(known as Enhanced Opportunities Partners under the Partnership
Initiative) that make a particularly signicant contribution to NATO
operations and other NATO objectives. Thus, the country has expanded
opportunities for dialogue and cooperation with allies (North Atlantic
Treaty Organisation (NATO), 2021).
4. Discussion
Administrative and legal support for defence standardisation is not
only a key factor in the eective functioning of standardisation systems,
which aects the protection of sovereignty, territorial integrity and security
of the state from internal and external threats (Podoinitsyn, 2019), it is
also appropriate to keep in mind that this is an ongoing process for many
NATO countries (Zhou, 2016), as well as other international defence groups
(Heikkilä, 2021). It should be noted that obstacles to the implementation
of STANAG standards become even greater (NATO, 1997), and the
implementation process itself is delayed under the conditions of a pandemic
(Campbell, 2020).
The development stage, which involves the design, manufacture and
testing of prototypes, occupies an important place in the AME lifecycle.
Adoption of STANAG material standards at the interstate level and at the
level of the Ministry of Defence of Ukraine is still a long stage, inspection
and revision can take place every 3 years (Figure 2).
Despite the fact that the system of current levels of military standardisation
is fully consistent with the system of NATO countries (Cabinet of Ministers
of Ukraine, 1993), work on material (technical) standardisation should be
further carried out by TC 176.
The advantages of standardisation cannot be overestimated, in
particular, it: ensures the establishment of mass production; improves
coordination with suppliers; improves product quality; allows to simplify
production process of necessary products and means; reduces the excessive
accumulation of spare parts and components (AsqNotes, 2021).
The fundamental role of the North Atlantic Alliance is to protect the
freedom and security of member countries by political and military means.
The U.S. Code states that U.S. policy provides that equipment purchased
for U.S. forces used in Europe under the terms of the North Atlantic Treaty
should be standardised to the level or extent necessary to interact with
equipment used by other NATO members for similar purposes (Campbell,
2020). For its part, the Alliance will play an active role in strengthening
international security, in partnership with relevant countries and other
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International Aspect
international organisations, keeping the door to NATO membership open
to all European democracies that meet North Atlantic Treaty Organisation
(NATO) (2010) standards.
In international aspect order to be able to integrate into NATO on an
equal partnership basis, Ukraine means to implement the Alliance’s positive
experience of administrative and legal support for defence standardisation.
That will allow it to eectively develop and implement concepts, doctrines,
procedures and projects to achieve and maintain interoperability, as
well as for optimisation, use of resources for operational, technical and
administrative purposes. Modern administrative and legal support for
defence standardisation in foreign countries, NATO and the EU is a major
factor in the establishment and operation of defence standardisation
systems, and directly aects the protection of sovereignty, territorial
integrity and security, protection of society and states that are members
if international and regional defence organisations, from internal and
external threats (Podoinitsyn, 2019).
We propose the following to increase the eectiveness of legislative
support for AME standardisation:
- Intensication of exchange of experience and information between
Ukraine and NATO and EU countries on the implementation of
STANAG;
- Modernisation of the existing system of standardisation in the eld of
defence industry and updating of standards to modern requirements
for the Armed Forces of Ukraine;
- Complete replacement of the standards of the former USSR with
domestic standards and armament standards STANAG;
- In order to comply with a single concept of implementation of
standards and prioritisation of regulations, apply the scheme of the
regulatory system of standards (Figure 1);
- implementation of new NATO standards by republishing (revision,
translation).
Conclusions
Defence requirements are becoming increasingly complex, and frequent
organisational changes and rapidly evolving technological advances can lead
to inadequate compatibility of AME at both the national and international
levels. Inconsistencies in capability planning and management, without a
proper defence standardisation system, can contribute to duplication, re-
invention, increased costs and time, and reduce the military eectiveness
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of AME. In addition, the harmonisation of defence standards applied in the
defence sector is a key factor in the interoperability of military equipment
used by the armed forces.
In international aspect the method of implementing the standards,
including NATO, is correct, the degree of their implementation depends
on the amount of funding for this Programmeme and the desire to follow
the concept of the national standardisation system. The implementation
of the current STANAG standards has a positive dynamics, but is slow. In
particular, in the period from 2014 to 2021, only 14% of the total list of
NATO material standards was implemented. It should also be borne in
mind that every 3 years STANAG may be revised and amended. Therefore,
the logistical model of material standards of the STANAG alliance of NATO
countries, a partner with enhanced capabilities of which is Ukraine, needs
faster implementation to the appropriate extent.
The reasons for the slow implementation of AME development standards
include: confusion in the terms used in STANAG, insucient level of
language training of those involved in the process of developing NATO
standards; holding senior positions in the Ministry of Defence mostly by
members of the “old cohort”, the need for signicant nancial costs for the
implementation and application of NATO material standards.
Legislative standardisation of AME development is a rather complex
ongoing process of development and harmonisation of standards in the
defence sector, it requires improvement and clear formal denition of the
scope and powers, as well as appropriate nancial support of the responsible
authorities. Continuous implementation of a modern system of standards
will meet the needs of the Ministry of Defence, while saving money and
time during the development of weapons. The development and conduct of
research according to existing standards should be entrusted to the Agency
for Defence Technology Development.
However, the main disadvantage of the implementation of standards in
the process of AME development is the burden of additional legal support
and administrative control of the supply chain of defence products between
both military and civilian suppliers.
Despite the fact that many standards have not yet been adopted, much
remains to be done in the future to improve the existing system of legislative
support for the standardisation of AME development.
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