Critical infrastructure is considered to be strategically important enterprises and institutions that are necessary for the functioning of society and the country's economy.
Who is considered a critical enterprise, list and criteria for inclusion — in the material Facts ICTV.
Head of the Law Association Kravets and Partners lawyer Rostislav Kravets in the commentary to Facts ICTV said that, for example, enterprises in the energy industry and banking institutions are considered critical , enterprises that directly support the production of weapons.
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In addition, those institutions that ensure the operation of local infrastructure, for example, utility companies, are also considered critical.
A complete list of state-owned objects of strategic importance for the economy and security of the state is in Resolution No. 83 of March 4, 2015.
In addition to the enterprises on the list, other enterprises may also be classified as critical, the lawyer points out.
— Whether an enterprise is considered critical will depend on what tasks are assigned to it and whether they are related to a direct increase in the defense capability of the state or the activities of local infrastructure, — notes Kravets.
Which enterprises are considered strategically necessary
In particular, the lawyer noted that the criteria for determining enterprises that are critical for the functioning of the economy and ensuring the livelihoods of the population during a special period are defined in Resolution of the Cabinet of Ministers No. 76 of January 27, 2023.
For a facility to be considered critical, it must meet the following points:
- the total amount of fees, taxes, payments paid to the state and local budgets, as well as the amount of unified social contributions must exceed the equivalent of 1.5 million euros during the reporting tax year (this does not apply to customs duties); < /li>
- the amount of receipts in foreign currency, excluding loans and advances, for the year exceeds the equivalent of 32 million euros (calculated at the NBU rate);
- the enterprise is of strategic importance for the economy and security of the state in accordance with the list approved by Resolution of the Cabinet of Ministers of March 4, 2015 No. 83;
- the enterprise is important for the sector of the national economy or meeting the needs of the territorial community. The criteria are determined by executive authorities, other government agencies or government bodies whose jurisdiction extends throughout Ukraine;
- absence of debt to pay the unified social tax. Must be confirmed by a certificate or extract from the information system of the State Tax Service;
- the average salary of insured employees at the enterprise for the last calendar quarter is not less than the average salary in the region for the fourth quarter of 2021 (according to the State Statistics Service);
- the company is a resident of Diya City.
The basis for making a decision to determine an establishment as critical (except for the enterprises specified in paragraphs two — fifth) is compliance with three or more criteria.
In this case, two or more criteria must be met:
- enterprises included in the fuel and energy complex;
- enterprises that are engaged in healthcare, education and science, physical education and sports, social protection, housing and communal services enterprises (must belong to the state or municipal form of ownership, be included in the Register of non-profit institutions, provide free services to the population);
- media that carry out on-air terrestrial multi-channel television broadcasting using radio frequency resources. Program content should consist primarily of informational and information-analytical programs, or such institutions should be involved in the warning system;
- state and municipal cultural institutions.
In addition, the government considers critical enterprises during the special period:
- specialized agencies of the UN,
- foreign diplomatic institutions in Ukraine,
- representative offices of donor institutions,
- executors of international technical assistance projects,
- representative offices of international organizations,
- international and Ukrainian non-governmental organizations that implement humanitarian projects with funds from international partners, according to the list approved by the Ministry of Foreign Affairs or the Secretariat of the Cabinet of Ministers.
Note that critical enterprises can reserve their employees from mobilization.
Mobilization reservation for football clubs, media and circuses: what is known
Previously, the Ministry of Youth and Sports of Ukraine recognized the Ukrainian Football Association as critical, as well as a number of football clubs (Krivbass, Dnepr-1, Dynamo Kyiv, Obolon, Shakhtar). This status makes it possible not to mobilize UAF and club employees liable for military service.
As of February, the Ministry of Sports reported defining 36 enterprises, institutions and organizations as critical.
In addition, the Ministry of Culture confirmed the status of critical channels that participate in the One News telethon. Some circuses, museums, nature reserves and ensembles also received this status.
The Ministry of Culture noted that ensuring the sustainability of the sphere of culture and media is one of the priorities, and the “delay from the mobilization of part of the personnel of cultural and media institutions allows the sphere to maintain at least its minimal ability to produce cultural and information product and provide socio-cultural and information services that are important to society today”.
