Legal Support for Obtaining the Status of a Critically Important Enterprise and Deferring Employees from Mobilization

The status of a critically important enterprise (or an enterprise critically important for the functioning of the economy and ensuring the livelihood of the population) is granted in Ukraine to companies, organizations, or institutions that perform strategically essential functions — such as in the energy, transport, healthcare, telecommunications, or defense sectors — or that meet certain economic criteria at the national or regional level.

1. Determining Eligibility Based on Criteria

The Cabinet of Ministers of Ukraine has approved the Criteria for recognizing a company as critically important. Key criteria include:

• The company is strategically important for the economy or national defense;
• It operates in a key industry (e.g. energy, defense, telecommunications, transport, healthcare);
• Volume of taxes paid to the budget;
• Number of employees;
• Presence of mobilization tasks;
• Export activity (in certain cases).

In most cases, a company must meet at least three criteria to qualify for this status.

2. Document Preparation

The company must compile a package of documents, including:

• Justification for obtaining the status;
• A certificate of core business activities;
• Financial indicators;
• Information about the number of employees;
• Documents confirming strategic importance (e.g. contracts, certificates, mobilization tasks);

• A formal request letter addressed to the relevant authority (ministry, regional/military administration, etc.).

   

3. Submission of Application

Documents may be submitted:

• Through the relevant central executive body, if the company is supervised by a ministry (e.g. Ministry of Energy, Ministry of Health, etc.);
• Or through the regional military administration at the company’s place of registration.

4. Review and Decision

The competent authority reviews the application and, in case of a positive decision:

• The company is added to the list of critically important enterprises;
• This grants the company the right to defer up to 50% of its military-liable employees from mobilization.

Important Note

Requirements regarding the procedure for deferring employees, company status, and eligibility criteria are subject to frequent updates. We recommend checking the latest information on the websites of the Cabinet of Ministers of Ukraine and relevant ministries or consulting qualified legal professionals who can guide you through the process.

Accountor Ukraine provides comprehensive legal support for obtaining the status of a critically important enterprise, including:

• Analysis of the company’s compliance with critical infrastructure criteria;
• Development of recommendations to align the company with such criteria;
• Preparation and submission of all necessary documents to the competent authorities;
• Communication with authorities until a final decision is made;
• Instructions for deferring employees after the status is granted.

Contact us for support!