On 22 July 2023, Ukrainian Government put into effect the changes to the Procedure for reservation of conscripts under the list of conscripts during martial law and to the Procedure and criteria for determining enterprises, institutions, and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, approved by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated 27 January 2023.
Thus, the Government allowed the reservation of conscripts who are employed in the:
- enterprises of veterinary medicine;
- state-owned enterprises of assay control;
- enterprises that ensure the provision of services and performance of work on the operation and comprehensive maintenance of state authorities` property;
- enterprises operating in the field of housing and communal services.
From now on, such enterprises can be recognized as critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, if they meet at least two criteria defined by Resolution of the CMU No. 76 dated 27 January 2023.
The criteria for defining a critically important enterprise have also been improved. One of such criteria established the total amount of paid taxes, fees, and payments to the state and local budgets during the reporting tax year in the amount of at least 1.5 million euros. From now on, this amount includes the amount of the paid single social contribution.
The changes approved by the Government also reflect the state bodies` terms for the consideration of applications from enterprises, institutions, and organizations regarding their determination as critically important. This term should not exceed 10 working days from the moment of receipt of relevant applications by state bodies.
On 10 August 2023, the order of the Ministry of Economy No. 5496 dated 14 June 2023 entered into force. This order amended the criteria for determining critically important enterprises for the reservation of employees. The specified order added a new criterion for determining critically important enterprises, namely: the implementation of mine countermeasures (providing services and/or performing humanitarian demining works on the territory of Ukraine).
For more articles, court positions, and practical advice on litigation in Ukraine, please visit 👇