Confirmation of the status of a critical enterprise

An enterprise whose activities are of key importance for one of the following areas is considered critically important - the economy, energy, defense, information security or food industry. If you need high-quality legal advice from a military law specialist on this topic, you can order it from the lawyers of the "Prikhodko & Partners" Law Firm. We can also offer legal support for the procedure for confirming the status of a critically important enterprise. In the meantime, we suggest learning in more detail how the norms of Ukrainian legislation regulate this issue.

What is the legal basis for this topic?

Among the regulatory legal acts, attention should be paid to the Resolution of the Cabinet of Ministers № 76 of January 27, 2023 (with subsequent amendments to it). It is important to consider the current version of the document, since changes are made to it almost every month. Regional and industry criteria also act as a document regulating these issues. Examples of such criteria are:

• the total amount of taxes, fees and charges paid to the state and local budgets (except duties) exceeding the equivalent of 1.5 million euros per year;
• the amount of foreign currency receipts (except loans and credits) for the year exceeding 32 million euros;
• the strategic importance of an enterprise, institution or organization for the economy (in accordance with the list of such objects established by law);
• the importance of an enterprise, institution or organization for a sector of the national economy or for meeting the needs of a territorial community (established by executive authorities, other state bodies, state administration bodies whose jurisdiction extends to the entire territory of Ukraine, in the area of ​​their management or sector of the national economy, or by the regional, Kyiv and Sevastopol city state administration (military administration if it is created) taking into account the needs of the territorial community, in agreement with the Ministry of Economy and the Ministry of Defense));
• absence of tax arrears to the state and local budgets and a single contribution to compulsory state social insurance;
• the average salary of insured persons - employees, not less than the level established by law for such cases;
• residency of the enterprise in Diia City;
• the enterprise belongs to the sphere of supply of electronic communication services using mobile communications, if the average monthly income exceeds 200 million hryvnia.

If you are interested in confirming the status of a critical enterprise specifically for your company, you can contact our specialists for this service. We regularly support such cases and know the necessary algorithms for action in them.

Confirmation of the status of a critical enterprise

It is worth noting that enterprises, institutions, organizations, permanent representative offices of non-residents (foreign companies, organizations) that carry out activities in Ukraine that are critical for the functioning of the economy and ensuring the life of the population during a special period, reconfirm this status at least once a year.

To confirm the specified status, a corresponding application must be submitted to the body that made the decision to determine such enterprises, institutions and organizations as critically important for the functioning of the economy and ensuring the life of the population during a special period, to which copies of supporting documents must be attached.

A copy of the decision to confirm the status of an enterprise, institution, or organization that is critical for the functioning of the economy and ensuring the life of the population during a special period, or to deprive it of such status, shall be sent by the authorized body within one day from the date of its adoption to the Ministry of Economy and the Ministry of Defense (the SSU, the Foreign Intelligence Service, the intelligence agency of the Ministry of Defense).

Why is this question relevant in 2025?

Martial law, economic instability and security risks create a special need for the continuous operation of those enterprises that are strategically important. However, the legislative norms that are relevant at a particular point in time change regularly. So, let's look at what has changed in 2025:

1. in the total number of conscripts, will not include conscript women; those who have been reserved by other enterprises, institutions and organizations; those specified in paragraphs 6-10 of the Procedure for the reservation of conscripts for the period of mobilization and in wartime;
2. restrictions have been applied to a number of enterprises regarding the reservation of only 75% of conscripts;
3. for a number of workers, the salary criterion of 20 thousand hryvnia will no longer apply;
4. all persons liable for military service working for the State Enterprise of the Ministry of Defense "State Logistics Operator" and the State Enterprise of the Ministry of Defense "Defense Procurement Agency" who are authorized by the Ministry of Defense to fulfill state orders in the defense sector are subject to reservation..

As for other changes, you can read about them in more detail in the aforementioned Procedure.

What are the benefits of being a critical enterprise?

When an enterprise has the status of critically important, this provides advantages not only in the context of the ability to reserve workers during mobilization. Such an enterprise also has increased attention from the state, aimed at ensuring its stable operation. And this factor also determines access to support programs or priority supply of resources.

In order to obtain the status of a critically important enterprise, it is necessary to submit an application in the prescribed form and a package of documents confirming the facts stated in it to the industry ministry or regional state administration. The final decision on assigning this status is provided by the Ministry of Economy.

In a full-scale war, the status of critical is very important for an enterprise that actually meets the criteria set for it. Thus, many enterprises in the transport, energy, logistics, defense industry, IT and agricultural sectors can receive a tool aimed at preserving human capital, as well as production potential.

If you need qualified legal support in the matter of confirming the status of such an enterprise, contact the specialists of the law firm "Prikhodko and Partners". We will provide quality assistance. Fill out the feedback form on our website, and a lawyer will then call you back to provide an initial consultation.