Drone legislation in Ukraine

Regulations concerning drone use in Ukraine have changed dramatically since the start of the large-scale invasion in February 2022. While legislation previously existed to regulate civilian and commercial use, the current situation is dominated by national security imperatives under martial law . It is therefore crucial to distinguish the pre-war legal framework from the reality on the ground today.

The Legal Framework Before the Invasion

Prior to 2022, Ukraine had a relatively permissive set of rules, managed by the State Aviation Administration of Ukraine (SAAU). The main provisions were based on the weight of the unmanned aerial vehicle (UAV):

• Drones weighing less than 2 kg: Their use was largely unrestricted. Flights had to comply with common-sense rules, such as not flying over crowds or private property without authorization.
• Drones weighing between 2 kg and 20 kg: Registration with the SAAU was required. Stricter restrictions applied, including the requirement to obtain permits to fly in certain areas.
• General flight rules:
  • Maintaining visual line of sight (VLOS).
  • Maximum flight altitude set at 120 meters.
  • No flying near airports (generally within a 5km radius), military installations, power plants and other critical infrastructure.
  • Night flights were generally prohibited or required special permission.

The Impact of Martial Law and the Current Situation

With the imposition of martial law, Ukrainian airspace has become a conflict zone. The use of drones by civilians is now extremely restricted and dangerous, as any unidentified device can be considered a threat by air defense forces.

The current rules are as follows:

1. Near-total ban: The use of drones by private individuals for recreational purposes is effectively prohibited across almost the entire country. Launching a drone without explicit authorization from the military authorities is illegal and carries serious consequences.
2. Specific Authorizations: Only operators (journalists, humanitarian organizations, agricultural companies, etc.) who have obtained formal authorization from the General Staff of the Armed Forces of Ukraine or regional military administrations are permitted to fly. These authorizations are difficult to obtain and are issued on a case-by-case basis for missions deemed essential.
3. High Risks: Flying without authorization exposes you not only to the confiscation of equipment and legal prosecution (which can include espionage charges), but also to a major physical risk. The drone can be shot down, and the operator may be perceived as an enemy or a saboteur.
4. Total Exclusion Zones: The entire country is considered a sensitive area. Areas near front lines, borders, critical infrastructure, and major cities are subject to absolute surveillance and prohibition.

Recommendations for Drone Operators

For anyone considering using a drone in Ukraine in the current context, caution is paramount. It is imperative to:

• Do not fly without authorization: This is the most important rule. Never try to fly a drone “discreetly”.
• Contact the relevant authorities: If your mission is essential (press, humanitarian aid), you must absolutely go through official channels to obtain accreditation and flight permission.
• Consult official sources: The situation is constantly evolving. The most reliable information comes from the State Aviation Administration of Ukraine (SAAU) and the Ministry of Defense.

In conclusion, while Ukraine had a clear regulatory framework for drones before the war, martial law suspended most civilian uses. National security is the top priority, and any unauthorized use of a drone is considered a potential threat.