Critically Important Enterprises: New Rules and Risks of Losing Status

Regarding critical importance status:

• decisions currently in effect regarding the designation of enterprises as critical will remain valid only until September 1, 2026;

by June 10, 2026, ministries and other executive authorities must approve new sector-specific criteria for designating enterprises as critical;

• if an enterprise has been granted critical importance status based on a sector-specific criterion and that criterion is excluded from the new list of criteria, the decision designating such an enterprise as critical will be revoked by July 1, 2026;
• the salary criterion has been changed—from now on, the amount of an employee’s average calculated salary must be at least UAH 25,941 (the minimum wage multiplied by a factor of 3) (subparagraph 6 of paragraph 2 of the Criteria and Procedure);
• by September 1, 2026, all decisions regarding the designation of enterprises as critically important will be reviewed.

In light of the above, we recommend taking the following actions:

1. verify whether the industry-specific criterion was applied when granting the enterprise the status of a critically important enterprise. If such a criterion was applied, it is advisable to monitor updates to the industry-specific criteria;
2. after the updated sector-specific criteria are approved (by June 10, 2026), verify the enterprise’s compliance with these criteria;
3. be prepared, upon request by the authority that granted critical importance status, to provide documents confirming compliance with the new approved industry criteria (by July 1, 2026);
4. review the level of the average calculated salary of employees in light of the new criterion—at least 25,941 UAH for the last calendar month (hereinafter—check monthly);
5. be prepared, upon request by the authority that granted critical importance status, to provide documents confirming compliance with the criteria on which critical importance status was granted (by September 1, 2026).

Regarding retention:

• starting September 1, 2026, the salary of reserved employees at the enterprise must be no less than 25,941 UAH (the minimum wage multiplied by a factor of 3);
• it is important to monitor the restrictions on the number of reserved conscripts at the enterprise (if quota restrictions apply to the enterprise ). If the enterprise violates these restrictions, this constitutes grounds for revoking critical importance status;
• employees who have deferrals for other reasons, as well as those working part-time, will be counted toward the reservation quota starting September 1, 2026, based on only one place of employment.

In light of the above, we recommend taking the following actions:

1. maintain the specified monthly salary level for reserved employees—effective September 1, 2026, no less than UAH 25,941 (if this requirement applies to the specific company);
2. comply with the restrictions on the quota for reserving employees (if such restrictions apply to the company);
3. verify the number of employees at the company who have deferrals for other reasons, as well as those working part-time, and comply with the quota based on this calculation starting September 1, 2026.