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.
Criticality criteria for utilities
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The issue of determining criticality criteria for utility companies is more relevant than ever today, because it is the utility sector that ensures the functioning of necessary services for people - water supply, heat supply, energy supply, housing maintenance, etc. Lawyers of "Prikhodko and Partners" help various utility companies obtain the status of critical, analyzing compliance with the criteria and helping to correctly prepare documents for submission.
Can utility companies register criticality?
Yes, utility companies have the right to be recognized as critically important, and this procedure is provided for by the Cabinet of Ministers Resolution No. 76.
One of the key criteria is the significant importance of the enterprise for the economic sphere / territorial community - more detailed requirements are already established by the central executive authorities or regional military administrations.
For enterprises operating in the fields of transport, postal services, construction, energy efficiency and housing and communal services, separate criteria are determined by the order of the Ministry of Development of Communities and Territories of Ukraine.
The most common reason is the classification of the enterprise as a critical infrastructure facility. In particular, this applies to operators of life support systems in the housing and communal services sector or enterprises in the transport industry, which are included in the relevant sectoral lists.
- ensure the functioning of transport infrastructure (rail, sea or inland waterway transport);
- perform maintenance, repair or operation of infrastructure facilities;
- participate in the implementation of state programs on energy efficiency or the restoration of destroyed buildings;
- provide services for the management or maintenance of apartment buildings;
- carry out technical maintenance of engineering systems of buildings, elevators, ventilation or other intra-building networks.
Separate criteria are provided for enterprises operating in the field of postal services, conducting mandatory technical control of vehicles, engaged in architectural or engineering activities, and also performing scientific and technical developments in the field of construction.
It is important that for enterprises in these industries it is enough to meet at least one of the specified criteria to be recognized as critical.
It is also worth considering restrictions on the reservation of employees. For the companies listed above, the number of military personnel who can be reserved cannot exceed 75% of the total number.
Procedure for obtaining the status of a critical enterprise for utility workers
- Analysis of compliance with the criteria. At the first stage, the enterprise's activities are assessed for compliance with the established requirements and possible grounds for obtaining such status are determined.
- Preparation of documents. A complete package of documents is formed, confirming the compliance of the enterprise with the established requirements.
- Submission of an application. The prepared package is submitted to the relevant body - the regional military administration or the relevant ministry, depending on the field of activity.
- Consideration of the application. The authorized body checks the submitted materials and assesses the enterprise's compliance with the criticality criteria within ten days.
- Decision-making. Based on the results of the review, a decision is made to grant the enterprise the status of critical or to refuse to assign it.
How to get into the Register of Critical Infrastructure Facilities?
First, a preliminary analysis of the enterprise's activities is carried out - its role in providing important services, the consequences of stopping work and possible risks are analyzed.
Next, the industry state body submits a proposal for inclusion in the list of critical infrastructure and prepares a notification for entering data into the Register. Such notification must be submitted within one month of the facility being included in the sectoral list.
After that, the authorized body checks the submitted data and makes a decision on inclusion in the Register or returns the documents for revision.
In the event of a positive decision, the enterprise officially acquires the status of a critical infrastructure facility and receives a category of importance.
Assistance with the registration of criticality
Prikhodko and Partners Law Firm provides full legal support in obtaining the status of critical importance for companies from various sectors of the economy. Our support includes comprehensive work at all stages of the procedure: from analyzing the company's compliance with the established criteria and determining the grounds for obtaining the status - to preparing the necessary package of documents, submitting them to the authorized bodies and obtaining a positive decision.
From practice, we can note that independent completion of the procedure often leads to refusals, which significantly delays the process. That is why it is advisable to immediately involve a lawyer who will help to properly prepare everything and go through the procedure without unnecessary risks and delays.
Do you have any questions about the registration of criticality? Leave a request on the website and our lawyer will contact you.
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