The Slovakian public prosecutor’s office has decided that the handover of the MiG-29 fighter jets of the Slovakian Air Force to Ukraine in 2023 does not constitute a criminal offense. The investigation was closed on October 30, as the Kyiv Independent now reports.

On March 17, 2023, the then pro-EU and Ukraine-oriented Slovakian government approved the plan to hand over its fleet of ten single-seaters, two two-seaters (which had been parked anyway due to the loss of Russian supplies since August 2022), three non-airworthy cells and two older version S-300 air defence systems to Ukraine.

MiG-29 fighter jet with Slovakian insignia - ©Georg Mader
Farewell of a MiG-29 fighter jet with Slovakian insignia.

During a press conference at which he announced the decision, the then Prime Minister Eduard Heger said that his government was “on the right side of history”.

Slovakia was paid for the delivery of the ten operational aircraft and three without engines to the Ukrainian armed forces 200 million euros from the EU and 700 million US dollars (a good 600 million euros) from the USA as compensation.

The then Minister of Defense Jaroslav Naď had the NATO-NAVAID IFF equipment (MiG-29AS) and subsequently initialed a corresponding intergovernmental agreement with the Ukrainian Ministry of Defense.

At least four planes were flown over directly by Ukrainian pilots within a week and without national emblems, as sung about in a sentimental farewell video.

More likely a spare parts donor

There are no publicly confirmed reports on the actual use of the MiGs from Sliač, which are well known to many Austrian visitors to the SIAF and SAID airshows – neither whether they were actively used in combat, nor whether they merely served as spare parts donors. However, due to their age and the limited operational capability of their early version, the latter is considered likely.

Successor government sued its predecessors

MiG-29 fighter jets with Slovakian insignia - ©Georg Mader
Slovakia most recently had a fleet of twelve MiG-29AS/UBS fighter jets – but fewer and fewer of these were operational even before they were handed over.

Following the change of government to Prime Minister Robert Fico, who is completely opposed to the EU and Ukraine – he was the only EU and NATO head of state to take part in Russian President Vladimir Putin’s victory parade on Red Square in May of this year – the latter sharply criticized Heger’s decision.

In June 2023, Fico even filed criminal charges against Heger and the then defense minister Jaroslav Naď. The current Minister of Defense, Robert Kaliňák, accused his predecessor of treason and accused Heger and Naď of sabotage, abuse of power and mismanagement of public property – which both firmly rejected.

No damage to Slovakia

A spokesperson for the Bratislava public prosecutor’s office explained that the investigations in this regard have now been closed. It was “it has been sufficiently established that the act in question does not constitute a criminal offense and that there is no reason to forward the case. The investigation found that the donation did not cause any damage to Slovakia under the Criminal Code. Furthermore, it was not proven that members of the government at the time exercised their authority in any way or acted with the intention of seeking unlawful benefits or exceeding their powers. There is no reason to pursue the case further.”

Jaroslav Naď welcomed the decision in a Facebook post, writing that the Heger government “acted not only morally correctly, but also in the national interest of the Slovak Republic and in full compliance with the applicable laws and the Constitution.”

He added that he expected a public apology from Fico’s government.

Here for more news about the Slovakian armed forces and here to further news about the Ukrainian armed forces.

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