Ukraine Moves to Legalize Seizure of Volga-Dnepr An-124s

Ukraine has initiated legal proceedings to gain ownership of Antonov An-124-100 aircraft previously owned by Russia’s Volga-Dnepr Airlines, which have been confiscated in various jurisdictions. The head of Ukraine’s Asset Management and Recovery Agency (AMRA), Elena Duma, announced the move on Telegram, confirming that AMRA is working to secure the legal transfer of the aircraft under Ukraine’s ownership.

Legal Framework for Seizure of An-124 Aircraft

AMRA, tasked with managing the seized assets following a Ukrainian court decision, has filed a formal request with the Office of the Prosecutor General under Article 545 of Ukraine’s Criminal Code. This request aims to legitimize Ukraine’s claim to the An-124-100s and facilitate their transfer from storage locations in Germany and Canada. Once the process is complete, AMRA will become the official manager of these aircraft, solidifying Ukraine’s control.

Background of the Seized An-124s

Volga-Dnepr Airlines operates a fleet that includes nine An-124-100s, one An-124-100-150, and five Ilyushin Il-76TD-90VDs. However, only two of its An-124-100s remain active, with others scattered across various storage sites due to restrictions tied to international sanctions on Russia. Specifically, three of the An-124-100s are currently stored in Leipzig/Halle, one in Toronto Pearson, one at Dubai World Central, and one at Moscow Sheremetyevo. This multi-location storage situation complicates Volga-Dnepr’s operational capacity and makes international repatriation challenging.

Antonov Bureau’s Role and Legal Basis for Seizure

Ukraine’s Antonov Design Bureau initiated legal proceedings in 2022, arguing that Volga-Dnepr was issuing its own airworthiness certificates, allegedly in violation of international aviation conventions. A court in Kyiv subsequently ruled that twelve of Volga-Dnepr’s An-124-100s, including those seized abroad, should be forfeited. The Kyiv court’s decision granted Ukrainian authorities the right to reclaim the aircraft as part of a broader effort to limit Russian aviation assets internationally.

Complications in Canada and Germany

Local regulations in Canada and Germany, reinforced by sanctions against Russia, have prevented the repatriation of these aircraft to Russian territory. Three An-124-100s are held in Germany, and one remains grounded in Canada. Recent developments indicate that Canada has initiated its own legal proceedings, with Ottawa considering sending one of the stranded aircraft, RA-82078 (msn 9773054559153), to Ukraine as part of its military aid.

The grounding of these aircraft in foreign jurisdictions reflects international support for sanctions on Russia and highlights the challenges Volga-Dnepr faces in repatriating its fleet. Meanwhile, Volga-Dnepr has pursued investment arbitration through the ICC International Court of Arbitration in a bid to reclaim these assets.

Future of Seized An-124s

If Ukraine’s efforts succeed, the aircraft will become Ukrainian state assets, managed by AMRA, potentially bolstering Ukraine’s aviation capabilities. The legal proceedings underscore Ukraine’s determination to secure control over these assets while sending a strong message regarding compliance with international aviation regulations.

Ukraine’s proactive steps to take ownership of the An-124s reflect its strategy to leverage seized Russian assets amid ongoing geopolitical tensions. The formalization of the seizure, especially if Canada and Germany support the transfer, could provide Ukraine with a unique opportunity to expand its strategic assets through the recovery of these heavy-lift cargo aircraft.

Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com