Obtaining Critical Infrastructure Status and Reserving Employees: The Experience of a Kyiv IT Company

Under martial law, maintaining business operations is crucial not only for the company itself but also for supporting the country's economy. Therefore, the government provides the opportunity to reserve employees who are subject to military conscription. However, only some companies can take advantage of this opportunity. First, it is necessary to prove that the business truly plays an important role in the national economy, specifically by obtaining the status of a critical infrastructure enterprise.

Recently, a Kyiv-based IT company, which has been operating in the Ukrainian market for several years, providing services in the field of information technology, approached us. They sought to obtain critical infrastructure status and reached out to us for consultation and support throughout the process. Our clients had the following questions:

1. What criteria define a business as critical to the economy, and does their company meet these criteria for obtaining the status of a critical infrastructure enterprise?
2. What documents need to be prepared to apply for the status of a critical infrastructure enterprise?
3. What is the procedure for obtaining the status of a critical infrastructure enterprise, and what are the expected timelines for receiving a response?

We understand how crucial it is to reserve key employees from conscription during these challenging times. Many companies are looking for ways to obtain the status of a critical infrastructure enterprise to retain their teams, secure long-term contracts, ensure stable operations, and avoid having to halt their activities. In this article, we will share the experience of this case—a Kyiv IT company that successfully navigated the process of obtaining the status of a critical infrastructure enterprise. You will learn what steps need to be taken, what documents need to be prepared, how to justify the importance of your company to the national economy, and, most importantly, where to find reliable support.

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How to Complete the Procedure for Obtaining Critical Infrastructure Enterprise Status

When working with each client, our lawyers always begin by thoroughly analyzing all company documents to provide an accurate response. In this case, we started by requesting all the necessary documents from the company's management to analyze whether the company truly had a chance of obtaining critical infrastructure enterprise status. To do this, we carefully examined:

• The company's types of activities;
• The number of employees;
• Their average salary;
• The company’s debt status;
• Contracts with counterparties.

After a detailed analysis of all aspects, we found that the company had two paths to obtain critical infrastructure enterprise status—through the Ministry of Digital Transformation or the local community of Kyiv. Our company’s lawyers explained all the nuances and risks of each method, and together with the client, we chose the following path—submitting the document package to the Ministry of Digital Transformation.

Preparing Documents for Critical Infrastructure Enterprise Status

It is important to note right away that to obtain critical infrastructure enterprise status and reserve employees, the company must meet at least three criteria. We discussed this in more detail in our material: Reserving Employees Subject to Military Service: Opportunities for Diia.City Residents. According to the data we analyzed, our client met four criteria, namely:

1. Significant importance to the Ukrainian economy in the field of digitalization;
2. No outstanding debts for social security contributions;
3. Compliance with the average salary requirements;
4. Residency in Diia.City.

Thus, our task was to gather the necessary number of supporting documents for each of these criteria. Some of the documents were already in the client's possession, particularly the order confirming the company’s residency in Diia.City. Other documents were prepared by our lawyers, saving the client from having to spend time on bureaucratic procedures, which, if mistakes were made, could lead to a vicious cycle.

Please note! During legal consultations, we always emphasize to clients the importance of properly drafting each document, especially if there is no approved form for the required certificate or report, and to clearly state the information that will confirm one criterion or another. If necessary, we develop the necessary drafts of such documents.

The final stage of preparing documents for obtaining critical infrastructure enterprise status was the creation of a cover letter. Although this document is not listed as mandatory, it is an integral part of the document package. Without a cover letter, the document package will not be accepted for consideration. Why is that? The cover letter plays a key role in the document submission process. Its purpose is to:

• Formulate the request for critical infrastructure enterprise status;
• Summarize the list of criteria that the company meets;
• Prove the importance of the enterprise to the national economy.

We always highlight the importance of this document for the successful completion of the entire process. It’s worth noting that not only the absence but also an incorrectly prepared cover letter can render your efforts futile. This is why we help our clients correctly draft this addition to the documents.

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Successful Obtaining of Critical Infrastructure Enterprise Status and Reserving Employees

After finalizing the document package with the client and affixing an electronic signature to each document, the documents for obtaining critical enterprise status were submitted to the Ministry of Digital Transformation. We informed the client that the legislation provides for a 10-business-day review period and decision-making. However, based on our experience, we cautioned that document review could take up to three months due to the need for additional checks. At this stage, it is crucial to constantly monitor the status of document review and communicate with government agencies, which we took on. Therefore, on the ninth business day, we received a decision granting the company critical enterprise status.

As a result, our clients were able to achieve their primary goal—reserving employees, thanks to our assistance. And considering the introduction of the possibility of reserving through Diia, this was achieved in the shortest possible time. If your business also needs expert assistance in obtaining critical enterprise status and reserving employees, trust us with this task. We will help you navigate this process with maximum efficiency, considering the specifics of your business.

Don’t postpone the resolution of the most critical legal issues! Contact us today, and we will help you achieve your goals without unnecessary hassle.