Obtaining Critically Important Enterprise Status

We analyse the company's operations and identify the opportunities to obtain the status, how to properly complete the procedure, and how to use this status to maintain stable business operations and to reserve employees from military service.

Key services:

Assessment of Eligibility for the Status

• analysis of the company's compliance with the established criteria
• legal assessment of the possibility of being included in the list of critically important enterprises
• legal audit of the risks of refusal

Preparation of Documents and Support of the Procedure

• preparation of legal justification for the granting of critically important enterprise status
• compilation of the document package
• preparation of applications, explanatory notes, certificates and supporting documentation
• legal support of obtaining the decision

Reservation of Employees

• advice on the procedure for reserving employees liable for military service
• legal support of employee reservation once the status has been obtained
• preparation of documents for reservation through state mechanisms, including the Diia platform

Support after Obtaining the Status

• support of strategic enterprises and critical infrastructure enterprises
• advice on maintaining the status
• monitoring of compliance with legal requirements

How to Obtain Critically Important Enterprise Status

During the period of martial law in force in Ukraine, the uninterrupted operation of companies whose activities are of strategic importance to the economy, defence capability and the functioning of the state takes on particular significance. This is why many companies seek recognition of critically important enterprise status, which provides official confirmation of their important role in the functioning of the economy and state infrastructure.

The granting of such status requires compliance with certain criteria established by law, as well as completion of a special approval procedure with the relevant government authorities. One of the key reasons why companies initiate the process of obtaining critically important enterprise status is the opportunity to ensure stable workforce operations in conditions of martial law. This issue is particularly relevant in light of the processes related to mobilisation measures and the need to preserve a company's human capital.

Obtaining this status can be important for companies whose activities involve supporting the functioning of state needs — particularly defence needs — the production of critically important goods, or the provision of essential services to the public. This is why proper preparation of documents and compliance with the procedure are the key conditions for successfully obtaining a positive decision.

What Is Critically Important Enterprise Status?

Critically important enterprise status is a special legal status that may be granted to business entities whose activities are of significant importance to the state's economy or to the functioning of the population.

In many cases, this status is obtained by companies whose activities involve supporting the operation of critical infrastructure enterprises, as well as entities working in the energy, transport, information technology, or strategic manufacturing sectors.

The main criteria taken into account when considering the granting of the status may include:

• the importance of the enterprise to the regional or national economy
• the volume of goods produced or services provided
• participation in fulfilling state or defence procurement contracts
• the number of employees and the level of their wages.

The Procedure for Obtaining Critically Important Enterprise Status

In order to obtain critically important enterprise status, a company must prepare an application — to which a package of documents is attached — and submit it to the authorised body.

The main stages of the procedure:

1. Analysis of the company's compliance with the established criteria.
2. Preparation of the justification for the granting of the status.
3. Submission of documents to the relevant government authority.
4. Review of the application and the issuing of a decision.

One of the reasons companies file the relevant application is the opportunity to reserve employees liable for military service, which makes it possible to ensure the uninterrupted operation of the enterprise during martial law.

What documents are required?

To obtain the status, a company must submit a package of documents confirming its importance to the economy and the state.

These typically include:

• an application for the granting of the status, with a justification of why the status is required
• information about the company's operations
• financial indicators
• data on the number of employees and the level of their wages
• documents confirming the absence of outstanding taxes and duties.

If the decision is positive, the company can initiate the reservation of its employees through the Diia platform, which helps ensure the stable operation of the business.

Legal Assistance with Obtaining Critically Important Enterprise Status

The procedure for obtaining this status can be complex and may require careful preparation of documents. In such cases, legal support of the application process plays an important role and includes a legal review of the company's operations and the preparation of the necessary materials.

Legal assistance may include:

• analysis of the company's compliance with the established criteria
• preparation of documents for submission to the relevant authorities
• legal support of the procedure for obtaining the status
• advice on the company's subsequent actions, in particular on employee reservation.

This is particularly relevant for companies that fall within the category of strategic enterprises or operate in critically important sectors of the economy.

How Shkrebets & Partners Lawyers Can Help You Obtain Critically Important Enterprise Status

The lawyers of our law firm provide comprehensive legal support to companies planning to obtain this status.

Benefits of working with us:

• professional analysis of the legal situation
• preparation of the justification for the government authorities
• support of the document submission procedure
• advice on employee reservation.

Our team of lawyers works with clients throughout Ukraine — in particular, in Kyiv and Kharkiv — providing professional legal support and protection of business interests.