Criticality criteria for the agricultural sector

Agriculture has always been a leading sector of our country's economy, especially during the war, as many agricultural businesses have suffered, making it crucial to ensure their stable operation. In this context, farmers are eligible for critical status, which provides them with additional support and benefits. In this article, we'll take a detailed look at the requirements that must be met, as well as how "Prikhodko&Partners" Law Firm's specialists can help.

Criticality criteria for agricultural enterprises in 2026

In addition to the general criteria defined by Resolution № 76, a company seeking critical status must be recognized as important for a specific economic sector. Specifically, this is achieved by meeting at least one requirement of the Ministry of Economy, as established by Order № 28003.

The main criteria include indicators of the scale of economic activity and areas of work.

First, the area of ​​cultivated agricultural land is taken into account. An organization must meet the criterion of cultivating at least 1,000 hectares of agricultural land, and for businesses engaged in gardening/growing perennial crops, at least 50 hectares of fruit and berry plantings.

Secondly, the company's economic activity is important. A key indicator is annual revenue from sales of products, work, or services of at least 40 million hryvnias, as confirmed by financial statements.

In addition to scale, the industry focus is also assessed. The agro-industrial sector may include business entities that:

• agricultural production;
• growing grain, oilseeds, vegetables, fruits, berries, or grapes;
• post-harvest processing of produce and auxiliary activities in agriculture;
• wholesale trade in grain, seeds, feed, or agricultural raw materials.

This category also includes entities that provide agricultural production with resources and technologies. This includes, in particular, producers/suppliers:

• fertilizers and agrochemicals;
• plant protection products;
• veterinary drugs;
• seeds and planting material;
• agricultural machinery and equipment.

In addition, the list includes businesses in the field of fisheries, scientific agricultural research, as well as institutions that provide financial support to farmers.

Important! Compared to 2025, the criteria for agricultural enterprises have become more stringent. Specifically, the minimum area of ​​cultivated land has increased from 500 to 1,000 hectares, and the annual income threshold has increased from UAH 20 million to UAH 40 million. At the same time, the criterion for the amount of personal income tax paid has been eliminated, meaning that businesses that failed to apply for critical status last year must re-compile their documents and re-apply according to the new requirements.

What is the procedure for obtaining the status of a critical enterprise for the agricultural sector?

The process for obtaining critical status for an agricultural business involves several sequential steps. The outcome of the application review depends largely on the correct preparation of documents and the definition of the relevant criteria.

• The first stage is preparatory: the company must analyze whether it meets the established requirements and determine the appropriate authority to submit the documents to. At this stage, a complete package of documents certifying compliance is compiled.
• The second stage is document submission: after preparing the materials, the business submits the application along with the required documents through the State Agrarian Register, signing the qualified electronic signature.
• The third stage is application review: the submitted application is reviewed within 10 days, after which a decision is made on whether to grant critical status or deny it.

It should be noted that in practice, preparing and determining the correct criteria can be challenging. Therefore, it is advisable to consult with a lawyer experienced in such matters beforehand.

What should companies pay attention to?

Before submitting an application through the State Agrarian Register, businesses should carefully check their compliance with all current requirements. First and foremost, it's crucial that all documents are up-to-date and that the required criteria are met at the time of application. Even minor inaccuracies may result in denial of status.

Particular attention should be paid to mandatory criteria, particularly salary level and the absence of outstanding tax debts. Current deadlines for submitting documents should also be taken into account, as changes in legislation/reporting periods affect the eligibility of submitting an application.

To avoid mistakes and minimize the risk of refusal, it is advisable to enlist the support of a criticality lawyer.

Legal assistance in registering criticality for agricultural companies

"Prikhodko&Partners" Law Firm provides comprehensive legal support for obtaining critical enterprise status, particularly for agricultural producers.

Our services include:

• verification of compliance with current criteria and preparation of documents;
• submission of the application through the SAR;
• support during the review and receipt of a decision;
• re-preparation and re-submission in case of refusal.

Our lawyers provide assistance not only with critical matters but also with employee reservations and military registration. So, don't waste your time and resources on complex bureaucratic procedures – contact "Prikhodko&Partners" Law Firm.