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.
Definition of enterprise critical
During war, the uninterrupted operation of strategic enterprises is key to supporting the economy and national security. To ensure their operation, the state grants certain companies the status of critically important, which allows them to reserve workers and continue working even during a crisis. Below, we will consider in more detail who can receive the status of a critically important enterprise, what criteria exist for this, and how to correctly submit an application.
How are critical enterprises defined?
To obtain this status, an enterprise must meet at least three of the following criteria:
- Financial indicators:
- The amount of taxes paid and the unified social contribution for the year must exceed 1.5 million euros.
- Receipts in foreign currency must exceed 32 million euros.
- Strategic importance – the company is included in the list of state-owned objects determined by the Cabinet of Ministers.
- Importance for the economy or region – is established by state bodies or local administrations taking into account the importance for meeting the needs of the community.
- No tax arrears – has no debts on taxes and single social contribution, confirmed by relevant certificates from tax authorities.
- Salary level of employees:
- For state and municipal enterprises, the average salary should not be lower than the regional average.
- For others – not less than 2.5 times higher than the minimum salary in Ukraine.
- Residency in “Diia City”.
- Electronic communications operator:
- The company provides mobile communications and has an average monthly net income of more than UAH 200 million.
- If it is a fixed-line operator, the net income must exceed UAH 20 million.
It is important to note that if an organization belongs to the following industries, it must meet only two criteria:
- Fuel and energy complex and companies servicing state property or managing apartment buildings.
- Healthcare, veterinary medicine, education, science, social protection, culture or sports institutions operating at the state or municipal level, financed from the budget or providing free services.
- Television and media companies providing information content or involved in the warning system.
- Carriers of international cargo and passengers, public transport and urban electric transport.
Who defines an enterprise as critical?
Who defines an enterprise as critical?The definition of an enterprise as critical is carried out by the relevant state body or local administration (including military administrations, if they are created). For example, if your enterprise is located in Kyiv, then you need to submit documents to the Kyiv Regional Military Administration.
How to apply for a critical enterprise?
How to apply for a critical enterprise?To obtain this status, the director of the institution submits an application and:
- copies of supporting documents;
- tax reporting for the last quarter (declaration with a mark from the tax authority, electronic receipt of its acceptance or postal confirmation of submission).
The submitted application must be reviewed by the relevant authority within 10 working days. Based on the results of the review, one of two decisions is made:
- Confirm critical status.
- Refuse or cancel the booking.
A copy of the decision is sent to the Ministry of Economy, the Ministry of Defense and the relevant special services. Data on critical enterprises is entered into the “Diia” portal, after which workers can be booked.
What will happen to bookings after February 28, 2025?
What will happen to bookings after February 28, 2025?All reservations for employees of state bodies, local governments and critical companies are cancelled after February 28. Since there is no automatic extension of reservations yet, this means that persons who do not have time to receive a new reservation may be mobilized as early as March 1.
Enterprises that have confirmed their criticality in accordance with the new requirements will be able to apply for a new reservation. However, this can only be done after the previous reservation has expired.
It should be taken into account that:
- The provision of a new deferment lasts up to 72 hours.
- The legislation does not yet allow the submission of reservation lists in advance.
We advise employers to closely monitor deadlines and prepare all necessary documents for submission through the “Diia” portal in advance, and if questions arise, immediately contact a lawyer at “Prikhodko & Partners” Law Firm for advice.
Why should you contact “Prikhodko & Partners” Law Firm?
Why should you contact “Prikhodko & Partners” Law Firm?The procedure for obtaining the status of a critical enterprise is complex and requires the appropriate knowledge, since any inaccuracy can lead to a refusal or loss of the possibility of booking. The law firm “Prikhodko & Partners” will help you successfully go through this process, providing a full range of services:
Consultations – we will explain the requirements of the legislation and assess your chances of receiving critical status.
Compliance analysis – we will check whether your company meets the established requirements and what documents are required for this.
Preparation of documents and application – we will correctly draft the application, collect and prepare the necessary package of documentation.
Full support – we will help you submit your application and interact with government agencies, and we will monitor the consideration of your request.
Thanks to our experience and knowledge, we will minimize the risks of refusal and significantly simplify the procedure for obtaining criticality status. Fill out the form on the website and our lawyer will contact you to discuss the details and initial consultation.
Calculate the cost of services
1 question
Do you want to submit a package of documents for the designation of a critical enterprise?
2 question
Have you already contacted the authorized authorities?
3 question
Are you located in Kyiv or Kyiv region?
4 question
Do you need legal support to declare your company critical?
Who defines critical businesses?
Speaking of including a facility in the Register of Critical Infrastructure, the procedure is approved by the Cabinet of Ministers of Ukraine, which then appoints the responsible state body for this issue.
How does a company obtain critical status?
To obtain the status of a critical enterprise, you must confirm that you meet at least three criteria specified by the Resolution of the Cabinet of Ministers of Ukraine No. 76.
The most common criteria include:
- Significance for the sector of the economy or community – the enterprise provides important production processes, services or resources necessary for the functioning of the state or region.
- Timely payment of taxes and social security contributions – no debt to the budget.
- Sufficient average salary – not lower than 20,000 UAH.
If the enterprise meets the specified requirements, it can apply to the relevant ministry / regional (city) military administration with a package of documents. After verifying the data, the body makes a decision and provides official confirmation of the status of critical importance.
How to find out if an enterprise is critical?
To find out whether your enterprise is critically important, you need to take several steps. First, check whether your enterprise meets the criteria approved by the Resolution of the Cabinet of Ministers of Ukraine № 76 of January 27, 2023 – “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”, and also – whether your activities are important for the economy or the needs of the territorial community / defense.
Secondly, depending on the situation, contact the appropriate state body:
- If the enterprise is of strategic importance for the sector of the national economy, – independently contact the relevant profile Ministry, which conducts a check according to the criteria.
- If the enterprise is important for meeting the needs of the community, – contact the appropriate regional/city military administration with an application to verify compliance with the requirements.
How often should a company confirm critical status?
An enterprise must confirm its criticality status at least once a year. To extend the validity of the status, documents must be submitted in advance to the regulatory body that previously made the decision to grant the status of a critical enterprise.
How to book critical infrastructure workers?
In 2025, booking of critical infrastructure workers will be carried out exclusively through the Diya portal. The company submits its data, undergoes verification, and then sends a list of employees for booking through Diya. The system automatically verifies the information and generates an electronic reservation statement.
Before submitting a new application, the current reservation of the employee must be canceled.
How is the booking limit determined in 2025?
In 2025, the limit for reserving employees is determined by the percentage of conscripts officially employed by the company. In general, critical enterprises can reserve up to 50% of such employees. For strategic organizations, for example, in the energy sector, the limit can reach 75% or 100%. The calculation is made taking into account already reserved persons, except for women and certain categories of civil servants.
Who is subject to 100% booking?
100% reservation is subject to military service employees who hold key positions in state administration, defense, energy, digital, medical and other strategic areas. In particular, these are:
- civil servants of categories “A” and “B”;
- heads of regional, district, city administrations and councils;
- owners and members of supervisory boards of critical enterprises;
- employees of the defense industry, energy, digital infrastructure, medicine, diplomatic and international institutions;
- clergy, prosecutors of the SAP and employees of national sports teams, etc.
Also, 100% reservation is provided by a separate decision of the Minister of Defense and to employees of critical enterprises and institutions that continue to work in areas of possible or active hostilities, in particular where the functioning of state electronic resources is ensured.
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