Confirming the status of a critically important enterprise during a special period is extremely relevant for businesses. Obtaining this status allows a company to reserve its most essential employees from mobilization and grant them a lawful deferment.
The key legal regulations governing the procedure for obtaining the status of a critically important enterprise are the Law of Ukraine “On Mobilization Preparation and Mobilization” and the Criteria and Procedure (hereinafter – the Criteria) for identifying enterprises, institutions, and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population during a special period, as well as for meeting the needs of the Armed Forces and other military formations. These were approved by the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated January 27, 2023.
According to current legislation, in order to obtain the status of a critically important enterprise, most companies must meet at least three criteria.
The following two are mandatory:
- the company has no outstanding debt for taxes to the state or local budgets, nor for the unified social security contribution;
- the average accrued salary of insured employees for the last calendar month must be no less than the minimum wage in the country multiplied by a coefficient of 2.5 (effectively UAH 20,000), confirmed by an official statement.
The third criterion may be chosen by the company from six others. Most often, companies select the criterion regarding importance to the national economy or to the needs of the local community.
Once the criteria are selected, the company submits an application for the status along with supporting documents to the relevant government authority authorized to make a decision. The authority depends on the selected criteria — it could be the Ministry of Digital Transformation, the Ministry of Economy, or the local military administration. The application must also include information on the company’s tax reporting for the most recent reporting period, submitted in accordance with the law.
The official deadline for reviewing an application for critical status is ten (10) working days.
Following the review, a decision is made regarding whether the company meets the criteria. A refusal must be justified. If the company is found to meet the criteria, the information is entered into a special database, after which the applicant gains access to the “Reservation of Conscripts” service on the “Diia” portal.
Please note that after a positive decision is issued, the responsible authority continues to monitor the enterprise and may conduct checks if needed to confirm compliance with the Criteria.
It is important to note that the confirmation of an enterprise’s status as critically important for the functioning of the economy and sustaining the population during a special period must be renewed at least once per year.
If you have any further questions, you can contact the . We will be happy to provide legal advice and assist with preparing the necessary documents to obtain the status of a critically important enterprise.