Under current circumstances, especially during martial law in Ukraine, the status of “critically important enterprise” takes on particular significance. This status allows enterprises, institutions, and organizations to exempt key employees from mobilization, ensure stable operations, and support the functioning of the economy. According to Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023 (as amended), the designation of an enterprise as critical is based on clearly defined criteria and procedures. In this article, we will discuss how to prepare and submit an application to the Ministry of Economy, Environment, and Agriculture of Ukraine (Ministry of Economy) or other authorized bodies to obtain or confirm this status.

Critical enterprises are business entities that ensure the functioning of the economy, the livelihoods of the population, or the needs of the Armed Forces of Ukraine and other military formations during a state of emergency. Obtaining this status allows enterprises to retain up to 50% of their employees subject to military conscription (and in some cases, more), which is critical for maintaining production capacity. The status is not permanent: it must be renewed at least once a year. In 2026, the renewal procedure will be similar, taking into account updated criteria.

To obtain this status, a company must meet at least three criteria from the list specified in Resolution No. 76 (two for certain industries). Requirements applicable to most companies include: no tax or social security arrears, and an average salary of at least 2.5 times the minimum wage (approximately 20,000 UAH for the last quarter for private companies).  

For the defense-industrial complex (DIC), the criteria are approved by the Ministry of Defense, and for other sectors, by the relevant ministries.

The application is not submitted directly to the Ministry of Economy, but to the authorized agency depending on the field of activity:

1. Determination of the competent authority: For enterprises of general importance—to the relevant sectoral ministry (for example, the Ministry of Defense for the defense industry, the Ministry of Energy for the energy sector) or the regional military administration (RMA). The RMA reviews applications to meet the needs of local communities. The Ministry of Economy approves the criteria and decisions.

2. Submission of Documents: Applications may be submitted in paper or electronic form.  

3. Review: The authorized body reviews the application within 10 business days. The decision is sent to the Ministry of Economy, the Ministry of Defense, and other interested parties within one day.

4. Reservation of Employees: Once their status has been confirmed, the lists of persons subject to military service are submitted through the “Diya” portal for inclusion in the Unified Register. The Ministry of Economy makes a decision on the reservation within 5 business days.

5. Status Confirmation: Conducted annually. In 2026, companies will submit their documents in advance to avoid delays.

Attached to this letter are:

• Application (letter): In any format, including the EDRPOU code, contact information, types of activities, and a reference to the criteria set forth in Resolution No. 76.

• Supporting documents: Copies of tax returns stamped by the State Tax Service, a certificate of no tax arrears, a certificate of average salary, and bank statements showing foreign currency receipts.

• Information on Employees: Total number of persons subject to military service and those subject to military reserve.

• For special cases: Documents confirming “Diya City” resident status, contracts with government customers (for the defense industry), etc.

Companies often encounter errors in the wording, incomplete documentation, or failure to meet the criteria. It is recommended to consult with lawyers and submit documents well in advance.  

Obtaining critical importance status is an important step toward ensuring business stability during wartime. The process requires careful preparation but allows you to retain key personnel and contribute to the country’s economy. For the latest information, refer to official sources such as the Ministry of Economy’s website or the “Diya” portal. If your company meets the criteria, don’t delay in submitting your application!