Reservation of conscripted workers and obtaining deferment from mobilization
Cost of services
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What we offer
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Analyzing your enterprise’s compliance with the criteria for obtaining critical status;
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Preparing and verifying the required document package;
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Assisting with the submission of documents to obtain critical enterprise status;
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Engaging with government authorities (ministries, local government bodies);
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Assessing the company’s eligibility for employee reservation;
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Identifying employees who qualify as “reserved”;
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Preparing documentation for employee reservation;
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Organizing military record-keeping within the company to facilitate successful employee reservation;
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Evaluating grounds for deferment from mobilization during wartime;
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Preparing documents for submission regarding deferment from conscription during wartime.
Documents for obtaining critical enterprise status
A critical enterprise is a company that ensures the continuous operation of key economic sectors, state infrastructure, or essential public services. This status allows businesses to reserve employees, continue operations under martial law, maintain their workforce, and receive government support.
Obtaining critical enterprise status is a complex process that requires compliance with legal requirements and the preparation of a comprehensive document package. Our law firm will assist you in navigating this procedure efficiently, minimizing bureaucratic obstacles, and ensuring the uninterrupted operation of your business.
Criteria for Obtaining Critical Enterprise Status
Which enterprises, institutions, and organizations can be recognized as critically important for the economy and the population during martial law? To obtain critical status, a company must meet two mandatory criteria:
- Wage level: The average salary of employees must be at least UAH 20,000 for the reporting period as of 2025.
- No outstanding debts: The enterprise must have no tax or fee arrears to the state or local budget.
Additionally, to obtain a critical enterprise status, the company must meet at least one of the following additional criteria:
- High tax contributions: The amount of taxes and contributions paid exceeds €1.5 million per year.
- Significant foreign currency revenue: The volume of foreign currency inflows exceeds €32 million.
- Strategic importance to the state: The enterprise is included in the list of strategic objects.
- Diia City resident: The company is registered under the special legal regime for IT businesses.
- Telecommunications operator: The enterprise provides communication services and generates substantial revenue in this sector.
- Critical importance to the economy or community: The company performs key functions in a region or industry that are essential to society.
Documents Required for Obtaining Critical Enterprise Status
To apply for critical enterprise status, a company must prepare and submit a complete package of documents confirming compliance with the established criteria. The mandatory documents include:
- Application letter (cover letter) requesting critical enterprise status.
- Documents confirming tax reporting for the last calendar quarter:
- Copy of the tax declaration with a mark from the controlling authority confirming receipt, or a receipt confirming acceptance (if submitted via the taxpayer's electronic cabinet).
- Certificate from the company on the amount of the average salary of insured employees for the last calendar quarter.
- Extract from the State Tax Service information system on the company's financial settlements with the state budget and targeted funds.
- Justification of the enterprise’s importance to the economy or community (orders, contracts, production plans, information on strategic objects, foreign currency inflow data, etc.).
- Other documents may be required depending on the company’s specific activities and the requirements of the relevant region or government authority.
Document Processing Time
The application for critical enterprise status is reviewed within 10 working days from the date of receipt. Based on the compliance check, the authorized body makes one of the following decisions:
- Confirmation of critical enterprise status if the company meets the established criteria.
- Denial or revocation of status if the company does not meet the criteria.
The applicant is notified in writing of the decision.
Service packages offers
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Audit of the company’s military records management
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Preparation of documents for appointing a responsible person for military records
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Development of military records documentation
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Support in submitting reports and notifications to the Territorial Centers for Recruitment and Social Support, with explanations of deadlines and procedures, including notifications of the appointment or dismissal of responsible officers
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Preparation of conscription lists*, plans, schedules, and other documents related to military registration
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The package includes 20 standard documents
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Clarifications and up to 30 minutes of oral consultation if needed
*The package includes listing 1-2 employees as examples. Registering additional employees is charged separately.
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Assessment of the company’s eligibility for critical enterprise status
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Recommendations on how to qualify for this status
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Guidance on actions the company should take to meet specific criteria
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Assistance with the preparation and submission of documents to obtain the status
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Representation of the company’s interests with government authorities (if necessary)
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Evaluation of the company’s compliance with the requirements for reserving employees
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Identification of employees eligible and ineligible for reservation
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Review of military registration documents for employees and ultimate beneficial owners
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Verification of company and employee data in electronic registers to ensure successful reservation
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Preparation and support for document submission (in paper form)
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Representation of the company’s interests before government authorities, including providing additional explanations and documents
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Assistance with submitting the reservation application via Diia
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Consultation on the required follow-up actions for the company after the reservation of employees
*This package includes the reservation of up to 2 employees as an example. Reserving additional employees is charged separately.
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Review of the client’s situation, including military registration and other relevant documents
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Identification of potential grounds for deferral from mobilization
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Assistance with submitting the application and any other necessary documents to the Territorial Centers for Recruitment and Social Support
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Guidance on collecting the required documentation
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Ensuring the process at the Territorial Centers for Recruitment and Social Support complies with Ukrainian law
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Consultation on potential risks associated with the deferral process
*Personal legal representation at the Territorial Centers for Recruitment and Social Support is not included in the package price
Cost of Obtaining Critical Enterprise Status
Obtaining critical enterprise status is free of charge. Government authorities do not impose any fees for processing the application or making a decision.
Procedure for Obtaining Critical Enterprise Status
The process of obtaining critical enterprise status consists of several steps, each requiring careful preparation and compliance with established regulations. If you are looking for an answer to the question of how a company can obtain critical enterprise status without delays or obstacles, it is important to follow the next algorithm:
1. The enterprise must gather and prepare documents confirming its compliance with the criteria.
2. Submit the application to the relevant government authority (Ministry of Economy, Ministry of Digital Transformation, or local administration). The application must clearly justify why the enterprise should be granted critical enterprise status.
3. The government authority reviews the submitted documents and assesses the enterprise’s compliance with the established criteria. If necessary, additional documents may be requested, or inspections may be conducted. The processing time for the application is up to 10 working days.
4. Based on the review, one of the following decisions will be made:
- Confirmation of critical enterprise status and issuance of the corresponding document.
- Denial of status if the enterprise does not meet the criteria.
The enterprise receives a written notification of the decision made.
Please note! Critical enterprises must confirm their status annually. Government authorities clearly regulate how to confirm critical enterprise status. To do so, a renewal application (in free form) must be submitted along with documents that prove the enterprise’s continued compliance with the established criteria. The application and documents must be submitted to the authority that previously granted the enterprise critical status.
What to Do if the Application is Denied?
In the event of a denial of critical enterprise status, it is necessary to analyze the reasons for such a decision and determine possible ways to appeal or reapply for the status.
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Who Can Be Reserved During Martial Law?
The state has established rules for reserving employees to ensure the uninterrupted operation of critical institutions and enterprises. This applies to both government bodies and organizations that perform vital functions for the country’s security and economy. The following individuals are subject to reservation:
- Employees of enterprises critical to the Armed Forces of Ukraine.
- Employees of institutions critical to the economy and population of Ukraine.
- Employees of United Nations organizations, international bodies, and non-governmental organizations to which Ukraine is a member.
- Employees of companies involved in demining and other related activities.
- Employees in government authorities.
During martial law, enterprises, institutions, and organizations have the right to reserve employees under the following conditions:
- Employment Relations: Only employees who are working based on an employment agreement or contract can be reserved. Individual entrepreneurs working for an institution/organization/enterprise under civil law contracts, as well as gig specialists performing work based on gig contracts, are not subject to reservation.
- Military Registration: The employee must be a military liable person and must be registered for military service. Women who are not registered for military service, men who have been removed from the register, and conscripts are not subject to reservation.
Documents Required for Reserving Employees of Critical Infrastructure
To reserve employees of critical infrastructure, the following documents must be prepared:
- Company’s extract from the Unified State Register, along with the availability of digital signature for the company’s director.
- General list of military liable employees working at the enterprise.
- Copies of military registration documents for all employees.
As part of our collaboration, our company’s lawyers will assess the provided data to determine which employees are eligible for reservation, compile lists of military liable individuals for reservation, and prepare all the necessary documents for submission.
Please note! We pay special attention to the protection of your data. For this purpose, all employees of our company sign Non-Disclosure Agreements (NDA), ensuring the security and confidentiality of your information.
Process for Reserving Employees
The primary regulatory document governing this process is Cabinet of Ministers Resolution No. 76 dated January 27, 2023, which stipulates that the reservation of military liable employees is carried out based on lists of military personnel proposed for reservation during mobilization and wartime, in electronic form via the Diia Portal.
Please note: The number of military liable employees holding positions at critical infrastructure enterprises or institutions, who are subject to reservation under the law, must not exceed 50% of the total number of military liable employees working at the company.
How to Reserve Employees through Diia
1. Inclusion in the Unified Register: Ministries and regional military administrations include enterprises in the list of organizations eligible to reserve employees.
2. Submitting the Application via Diia: The company’s director submits employee lists through the "Diia" portal and signs them using an electronic signature.
3. System Verification:
- Status of the enterprise;
- Official employment of the employee;
- Presence of data in the "Oberih" registry.
4. Review Outcome: Within one day, "Diia" notifies the director of the result. If the request is denied, the reason is specified.
5. Transfer to Special Military Registration: If approved, the employee receives a deferral, and the information appears in the "Reserv+" app.
Cost of Employee Reservation Service for Critical Infrastructure
The cost of reserving employees from mobilization depends on several factors:
- Number of Employees for Reservation. Whether it's for individual employee reservation or a large group of employees from the company.
- Amount of Documentation. he cost is influenced by how much documentation needs to be prepared. This often depends on whether the company already holds the status of a critical enterprise or needs to apply for it, whether the company fully meets the criteria or needs adjustments, and other factors that are assessed on a case-by-case basis.
- Urgency of the Service. If the service is needed urgently, it may increase the overall cost due to prioritizing the work.
- Need for Representation in Government Agencies. If legal representation is necessary for communication with relevant authorities, submissions, or defending interests, additional fees may apply.
Thus, the final cost of the employee reservation service is determined individually based on the specifics of your request. Our team is ready to provide a detailed legal consultation, allowing you to clearly understand the scope of work and the necessary document package, as well as choose the optimal collaboration format.
We guarantee transparent pricing: you will always know exactly what you are paying for. You can also explore ready-made service options in the "Packages" section, select the one that fits your needs, and already know the estimated cost.
Answers to frequently asked questions
Can an individual entrepreneur reserve an employee?
As of today, individual entrepreneurs cannot reserve an employee.
How much time does the reservation process take through Diia?
The submission of the application takes from 15 minutes to one hour; the decision is usually made within one business day.
What document confirms the reservation from mobilization?
An extract from the order regarding the reservation of military personnel.
Who approves the reservation of employees?
Except for the lists submitted through Diia, the approval is carried out by the Ministry of Defense (or, depending on subordination, by the intelligence agencies of the Ministry of Defense, the Security Service of Ukraine, or the Foreign Intelligence Service).
Legal Support for Obtaining Enterprise Critical Status for Employee Reservation
In the conditions of martial law, the uninterrupted operation of your business becomes even more crucial. We understand this, which is why we offer comprehensive legal support for obtaining the status of a critically important enterprise, allowing you to reserve employees.
Do not wait until the situation worsens. Our experts already have significant experience and will help you obtain this status without unnecessary difficulties. We work with companies of any scale: from small businesses to large corporations. We do not only provide consultations and explain how to obtain the enterprise critical status, but we also fully take care of the document preparation process and communication with government authorities, so you don’t have to worry.
If, at first glance, there are no grounds for reservation, don’t worry! Our lawyers will thoroughly analyze your situation and find effective solutions. We find opportunities even where others do not see them.
Our advantages:
- In-depth knowledge of laws: We have practical experience in obtaining the status of critically important enterprises and a thorough understanding of the legislation, ensuring the correct approach to every situation.
- Full process support: From document preparation to interaction with government authorities – we ensure everything is processed without errors and without unnecessary delays.
- Individual approach: We know that each enterprise is unique, which is why we provide solutions that are best suited for your specific situation.
- Appealing a refusal: If you are denied the status, we will develop a strategy to correct mistakes and prepare the procedure for appealing the decision.
- Convenient communication: Your personal client manager is always available, ready to answer all questions and provide all necessary information regarding your case. You will always know what is happening with your documents and at what stage of the process you are.
Don’t put off important matters. Your employees deserve to be reserved today. To find out how to obtain the enterprise critical status and reserve your employees, contact us.
Fill out the application on our website or call us. We will help you choose the best solution for your business!
We are ready to help you!
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