Answers to the most common questions about arms codification: an op-ed by ADVANQ lawyer Yana Sviderska

In a partner article, Yana Sviderska, lawyer in the government defence contracts practice at ADVANQ, explains which documents are required for arms codification in Ukraine, why the codification process takes so long, with whom joint departmental testing can be conducted, and also answers other frequently asked questions about codification.

Codification is not a formality, but part of the life cycle of weapons. It opens the way to government procurement, helps expand markets, and enables faster scaling.

Today, codification is a prerequisite for cooperation with centralised contracting authorities. Such as, for example, the Defence Procurement Agency.

Despite the amendments to the Cabinet of Ministers Resolution No. 1275 (hereinafter referred to as the Resolution), which abolished the requirement for codification for direct supply to military units, the situation in practice appears to be different. Most military units still prefer to purchase codified products, justifying this with quality assurance, compliance with requirements, and testing that has already been carried out.

Therefore, codification is one of the key stages for arms manufacturers. As a result, during our work in this area, we have noticed that most questions regarding codification are repetitive.

That is why the ADVANQ team has compiled a list of the most common ones encountered by companies that manufacture UAVs, EW systems, UGVs, and other military equipment in order to share their expertise.

1. Terms and deadlines. Why is codification taking so long?

There are many publications on the Internet claiming that “codification takes 10 days.” In practice, this is unrealistic.

The actual term ranges from 2 to 3 months to a year, depending on the type of product and the readiness of the documents.

The question “why so long?” is fair. However, it is essential to recognise that this process cannot be rushed. For example, only the main stages that must be completed during codification are described below.

First, the development of tactical and technical characteristics (hereinafter referred to as TTC).

Next, technical specifications are drafted and approved. The next stage is to develop a testing program and methodologies.

Then, tests are conducted (either independently or jointly with the State Customer (see explanation in section 3 below)), resulting in the preparation of test reports and certificates.

And this is only the stage of submitting documents to the Ministry of Defence.

Next, you will face testing at the Ministry of Defence, possible adjustments to TTC, editing and registration of changes to technical specifications, etc. All this takes additional time.

2. What documents are required?

For convenience, here is a generalised and simplified list:

• Tactical and technical characteristics;
• Tech specs approved by the manufacturer and registered in the database “Technical Specifications of Ukraine” (State Enterprise “Ukrmetrteststandard”);
• Test program and methodologies;
• Acts and protocols of preliminary tests;
• Product description sheet.

If the product undergoes joint departmental testing, the corresponding act is added to the list.

In some cases, certain documents may be replaced or not required. For more details, please refer to the Resolution or the Ministry of Defence website.

This material was created with the support of ADVANQ

3. With whom can joint departmental tests be conducted?

Most often, the state bodies with which joint tests are conducted are:

• The Main Directorate of Intelligence of the Ministry of Defence of Ukraine;
• Armed Forces of Ukraine (in terms of command structures, for example, the Unmanned Systems Forces Command);
• National Guard of Ukraine;
• Security Service of Ukraine;
• National Police of Ukraine.

For a complete list, see section 7 of the Procedure for Procurement … under the Resolution and section 2 of the Cabinet of Ministers Resolution No. 363 of March 3, 2021, “Issues of Defence Procurement.”

4. Is it possible to codify several configurations or modifications of a product?

Yes, it is allowed.

However, it is essential to note that each configuration/modification leads to changes in technical characteristics and requires additional testing. Changes in characteristics mean a new set of parameters that must be confirmed.

Accordingly, you need to: specify all configurations/modifications of the product in the technical specifications, determine their technical characteristics, and prepare tests for the specified configurations.

5. Can changes be made to the product (improvements)?

Yes, because this is an inevitable process of product refinement. However, it is crucial to understand how this happens at different stages of the weapon’s life cycle:

Until codification, changes can be made by simply registering them in the Technical Specifications.

After codification: if the changes affect the technical characteristics, standard testing of each new characteristic is mandatory in the order specified in your technical specifications and by the Ministry of Defence.

In the case of a government contract, all updates must be additionally agreed with the customer.

The procedure described above is simplified: in practice, the procedure usually involves additional approvals, clarifications from the authorised bodies, and the provision of additional documents.

As we can see, codification is not a matter of “submitting documents and forgetting about them,” but rather a lengthy process that sometimes proceeds quickly and sometimes is accompanied by classic bureaucratic obstacles.

It all depends on preparation, the type of product, and the coordinated work of all participants.

However, in any case, codification adds value to your product – not only in financial terms, but also in strategic terms.

The presence of the code confirms that the product meets the minimum requirements of the MoD, has working design documentation, and has been tested. For potential investors, this is an important marker of the product’s “maturity” and the company’s readiness for scaling.

If you have already gone down this path, share your experience or impressions with your colleagues in the market.

And if you are just planning to start, we will be happy to accompany you through the process.

Yana Sviderska

A lawyer specialising in defence procurement at ADVANQ with three years of experience and expertise in defence procurement, weapons codification, and comprehensive legal support for defence industry companies.

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