Providing a package of documents to determine the enterprise as critical

Reservation from mobilization for employees of critical enterprises is a procedure during which it is important to comply with all significant requirements set forth by current legislation. In particular, this concerns Article 25 of the Law “On Mobilization Training and Mobilization”. The Resolution of the Cabinet of Ministers of Ukraine dated January 27, 2023 № 76 (hereinafter referred to as Resolution № 76) also plays an important role.

If you need professional advice or legal support on this topic, you can order such services by contacting the lawyers of the law firm “Prykhodko & Partners”. Since we specialize i the field of military law, our team knows well how to help with the reservation procedure, as well as determining the status of an enterprise as critical.

Criteria for determining an enterprise as critical

Order № 76 approved 2 sections of the resolution, which are decisive for an enterprise to obtain the status of critical, which will make it possible to reserve employees. Namely, it concerns:

• The procedure for reserving military personnel for the period of mobilization and for wartime.
• The criteria and procedure for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the vital activity of the population in a special period, as well as critically important for ensuring the needs of the Armed Forces and other military formations in a special period.

So, the criteria provided for by Resolution № 76 are as follows:

1. the total amount of taxes, fees, payments paid to the state and local budgets, except for customs payments, and the amount of the single contribution paid for mandatory state social insurance during the reporting tax year exceeds the equivalent of 1.5 million euros, determined at the weighted average official exchange rate of the National Bank for the same period, which is confirmed by a certificate from the regulatory authority in which the enterprise, institution, organization is registered;
2. the amount of receipts in foreign currency, excluding credits and loans, for the reporting tax year exceeds the equivalent of 32 million euros, determined at the weighted average official exchange rate of the National Bank for the same period, as confirmed by a certificate from the relevant servicing bank;
3. an enterprise, institution, organization is of strategic importance for the economy and security of the state in accordance with the ist of state-owned objects of strategic importance for the economy and security of the state, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 4, 2015 № 83
4. an enterprise, institution, organization is of important importance for the sector of the national economy or for meeting the needs of the territorial community. The criteria for determining an enterprise, institution, organization that is of important importance for the sector of the national economy or for meeting the needs of the territorial community are established by executive authorities, other state authorities, state administration bodies whose jurisdiction extends to the entire territory of Ukraine, by their sphere of management or sector of the national economy or by the regional, Kyiv and Sevastopol city state administration (military administration in case of its formation), taking into account the needs of the territorial community, in agreement with the Ministry of Economy and the Ministry of Defense;
5. absence of arrears in taxes to the state and local budgets and a single contribution to mandatory state social insurance, confirmed by a certificate of absence of arrears in payments, control over which is entrusted to the regulatory authorities, or an extract from the information system of the State Tax Service authorities regarding the status of the payer's settlements with the budget and trust funds, certified by the head of the enterprise, institution, organization;
6. the amount of the accrued average salary of insured persons - employees of: - state and municipal enterprises, institutions and organizations, as well as business companies, in the authorized capital of which more than 50 percent of the shares (shares) belong to the state or are in municipal ownership, and business companies, more than 50 percent of the shares (shares) of which belong to business companies, the share of state or municipal ownership in which is 100 percent, operators of gas distribution systems for the last calendar quarter is not less than the average salary in the region for the IV quarter of 2021 (according to the State Statistics Service), which is confirmed by a certificate provided by the enterprise, institution, organization, business company;
   - enterprises, institutions, organizations for the last calendar quarter is not lower than the minimum wage in the country, multiplied by a coefficient of 2.5, which is confirmed by a certificate provided by the enterprise, institution, organization (except for state and municipal enterprises, institutions and organizations, business companies in the authorized capital of which more than 50 percent of the shares (shares) belong to the state or are in municipal ownership, and business companies in which more than 50 percent of the shares (shares) belong to business companies, the share of state or municipal ownership in which is 100 percent, operators of gas distribution systems);
7. the enterprise, institution, organization is a resident of Diya City;
8. the enterprise is a provider of electronic communication services using mobile networks, the average monthly net income of which, according to the latest financial statements, exceeds 200 million hryvnias or a provider of electronic communication services using fixed-line networks, the average monthly net income of which, according to the latest financial statements, exceeds 20 million hryvnias, which is confirmed by a report on financial results with marks (stamps) of the regulatory authority that received the financial statements, indicating the date of its receipt.

It is worth noting that the criteria that an enterprise must meet in order to acquire the status of critical importance were changed in 2024. In addition to all of the above, it was added that the average accrued salary for the enterprise must be no less than the minimum salary in the country, multiplied by a factor of 2.5 for the last quarter. As of today, this is 20 thousand hryvnias. Another important condition is the absence of arrears in payment of social security contributions and taxes that the enterprise pays to the state and local budgets.

By February 28, 2025, the status of a critically important enterprise must be updated according to the updated criteria.

Application for the designation of an enterprise as critical

A letter/appeal for the designation of an enterprise as critical is submitted to the central executive body or another state body whose jurisdiction extends to the entire territory of Ukraine. This can also be done by sending a letter/appeal to the Kyiv and Sevastopol city military or military-civilian administrations. The principle of jurisdiction in this case is determined by the location of the enterprise.

The procedure for recognizing an enterprise as critical, approved by the legislation, determines that the application and accompanying package of documents submitted to the authorized body should be considered for no more than 10 working days. However, as practice shows, this period is on average approximately 15 working days.

When the enterprise has received confirmation of the status of critical, the documents are sent to the Ministry of Economy and the General Staff of the Armed Forces of Ukraine. And then you can begin the procedure for booking employees.

How can we be useful to you?

Lawyers of the law firm "Prikhodko & Partners" will be useful to their clients in this category of cases, providing the following categories of services:

1. Consulting. During the consultation, you can find out which algorithm you need to act in your situation and what documents you need to collect to confirm the status of a critical enterprise.
2. Legal support of the procedure. When experienced lawyers accompany the procedure at all stages, it makes it much easier.

To receive an initial consultation on this matter, fill out the feedback form on our website and our lawyer will contact you in the near future.