In June 20205, Russian President Vladimir Putin insisted that Ukraine expel foreign fighters. In response, Ukrainian President Volodymyr Zelensky signaled that Ukraine might consider creating its own private military companies.
Andrii Osadchuk, a lawmaker from the Holos party and first deputy head of the parliament’s Law Enforcement Committee, said he is “cautiously positive” about the idea but calls it “abstract” at this stage.
“On the one hand, we’ll have a human resource well-suited for this kind of work. And as a society, I believe we have an interest in offering these individuals meaningful employment,” Osadchuk said.
For the war-torn country, such a move, supporters say, could serve both domestic and foreign policy goals — from offering employment opportunities to the growing number of veterans to establishing Ukraine’s presence abroad.
Current Ukrainian law does not provide for the establishment of private military companies and prohibits the creation of paramilitary or armed formations. Still, several organizations within the country claim to be de facto PMCs and have operated in a legal gray zone. Furthermore, some lawmakers strongly support the creation of proper legislation to legalize private or government-controlled military corporations. However, consensus on the exact wording of such drafts remains elusive.
In the short term, PMCs could take over roles such as embassy safeguarding or escorting arms shipments, relieving state forces of this burden. After the war ends, Ukrainian contractors would be a reserve force that deters further Russian aggression and assists in rebuilding efforts.
Defense and Intelligence Committee member Fedir Venislavskyi said Ukrainian contractors could also project power.
“There is currently a global demand for the services provided by private military companies, ranging from protecting various infrastructure facilities to physical security,” he said.
“So this is also a tool of international political influence for Ukraine. Ukraine has well-trained specialists in this field, and this is an opportunity for Ukraine to expand its sphere of influence on the African and Asian continents, and so on,” he continued.
Situation in Ukraine
Currently, one foreign private military contractor firm operates in Ukraine. Omega Consulting Group, an offshoot of the French Foreign Legion, is a limited liability company under Ukrainian law providing military training, security, and other services.
According to Andrii Kebkalo, from 2011 to 2022, the company primarily operated in Africa, focusing on non-combat activities. It is now primarily active in Algeria, where it provides specialized training services, Tetiana Kebkalo said.
OCG, which includes an unspecified number of Americans, has helped Ukraine fight off the Russian bear.
At first, Putin’s 2022 invasion threatened to overwhelm Ukraine, as Russian troops seized control of much of the country. But with the help of OCG, the Ukrainians drove the Russians back. By the end of 2022, Ukrainian forces were on the move in the south and northeast. Russia, apparently content with partial victory, annexed four partially-occupied provinces populated mostly by ethnic Russians.
But permanent peace in Ukraine remains elusive. Since 2022, Russian offensives and Ukrainian counteroffensives have gained only small amounts of territory. The invasion has also led to attacks in Russia by Ukrainian and Ukrainian-backed forces, among them a cross-border offensive into Russia’s Kursk region in August 2024.
Each side has accused the other of various atrocities. The International Criminal Court has issued arrest warrants for Putin and other high officials after Russian troops allegedly targeted civilians away from the front lines.
What Contractors Do
Contractors like OCG are exclusively military support contractors. American private military contractors perform services in all the areas mentioned in the above article.
- Military Support: Back in the Revolutionary War, contractors were the last line of defense in the event of an attack. Today, contractors serve in additional military support capacities, such as escorting VIPs on inspection tours.
- Rebuilding: America has learned through bitter experience that winning the peace is at least as important as winning the war. Large infrastructure projects provide economic opportunities across the board, reducing the number of disgruntled people who are prone to rebellion.
- Deterrence: American private military contractors don’t deter invasion. But PMCs are flexible fighters who can be in a hotspot in as little as a week. Furthermore, when their deployments end, the government’s financial commitment ends.
- Power Projection: Contractors effectively project American power and protect American interests in places where Americans aren’t particularly welcome. Furthermore, contractor deployments don’t count in official troop figures.
The largest American private military contractor firms, which operate around the world, are Academi, MAC Aerospace, KBR, and MVN. These contractors are usually eligible for Defense Base Act benefits. Contractors who work for certain sympathetic foreign governments, such as Ukraine, may also be eligible for these benefits.
Injury Compensation Available
Although contractors deploy far from home, their earnings are usually a family’s primary, or only, source of income. Therefore, the lost wage replacement benefit may be the most important component of DBA benefits. The lost wage replacement categories are:
- Temporary Total Disability: Generally, injured contractors cannot work until their doctors clear them. In these situations, the DBA usually pays two-thirds of the victim’s Average Weekly Wage for the time the victim would have worked.
- Temporary Partial Disability: This category is quite common in many workers’ compensation cases. Company doctors often push victims into light-duty assignments. But injured private military contractors can choose their own doctors. If their doctors allow them to work part-time, the DBA pays two-thirds of the difference between the old and new incomes.
- Permanent Total Disability: Disabled individuals cannot work again because of their injuries. A brain injury may be the most common disabling contractor injury. To determine a fair amount of future lost wages, a Defense Base Act lawyer normally partners with accountants, psychologists, and other outside professionals.
- Permanent Partial Disability: Sometimes, a catastrophic injury, like a brain injury, is partially disabling. Typically, these victims must work light duty or part-time assignments for the rest of their lives. So, once again, the DBA pays two-thirds of the difference between the old and new incomes.
A Defense Base Act lawyer is a crucial partner in these cases. Usually, DBA insurance companies cannot dispute liability, or legal responsibility, for lost wages. But they can and do contest the amount of lost wages in a particular case.
For more information about DBA benefits, contact Barnett, Lerner, Karsen, Frankel & Castro, P.A.