Lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Case: Obtained the status of a critically important enterprise for the pharmaceutical company
Service: Obtaining Critical Enterprise Status
A company engaged in the wholesale and retail trade of medical goods approached Prikhodko & Partners Law Firm for legal assistance.
The company had previously held the status of a critical enterprise and confirmed it under the sector-specific criteria of the Ministry of Health of Ukraine. However, following changes to the relevant criteria, the basis under which the company had previously obtained critical status was no longer applicable. As a result, the company needed to identify another lawful basis for obtaining the status again.
The main task was to analyze the company’s activities and determine whether it could meet other applicable criteria for critical enterprises. This issue was of practical importance to the client, as the loss of critical status directly affected the company’s ability to continue reserving employees liable for military service.
What did the legal support provided by Prikhodko & Partners include?
Military law attorney at Prikhodko & Partners Danylo Honcharenko conducted a comprehensive analysis of the client’s business activities, registration documents, statistical reports, tax documents, and other relevant materials. As a result of the analysis, it was established that the company could qualify for critical enterprise status under the criteria of the Kyiv City Military Administration applicable to companies engaged in the wholesale and/or retail trade of pharmaceutical and/or medical goods in Kyiv.
To meet this criterion, the company had to satisfy three requirements simultaneously:
- The volume of goods sold during the previous calendar year had to exceed UAH 13 million. This indicator is confirmed by the relevant statistical reports, as well as contracts and delivery notes.
- The company had to have the relevant type of economic activity under KVED-2010 and documentary evidence confirming that such activity was actually carried out. In the case of wholesale or retail trade in medicinal products, a valid license is also required.
- The average amount of personal income tax accrued on employees’ salaries for the previous 6 months had to be at least UAH 3,600, as confirmed by the relevant tax reporting.
In our client’s case, the company was engaged in the wholesale and retail trade of medical goods, while its sales volume for the previous calendar year exceeded the established threshold of UAH 13 million. The review of the documents also confirmed that the company was able to meet the other requirements of the relevant criterion.
The military law attorney at Prikhodko & Partners prepared the complete package of documents for submission to the Kyiv City Military Administration, verified the company’s compliance with the established requirements, and provided full legal support throughout the procedure.
Positive result
As a result of the work carried out, the Kyiv City Military Administration issued an order recognizing the company as critically important for the functioning of the economy and ensuring the vital needs of the population during the special period.
Thus, despite the loss of the previous sector-specific basis for critical status, the military law attorney at Prikhodko & Partners identified another mechanism provided by law, prepared the necessary documents, and supported the procedure until a positive decision was obtained.
Conclusion
If your business has lost its critical enterprise status, no longer meets the criterion under which it previously applied, or is only planning to obtain critical status, it is advisable to first analyze all available legal grounds.
The lawyers at Prikhodko & Partners will help determine the appropriate criterion, review the documents, prepare the submission package, and provide legal support throughout the procedure for obtaining critical enterprise status.
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