The Cabinet of Ministers published a resolution that specifies a new procedure for reserving from mobilization. All critical businesses must reaffirm their status by February 28, 2025 under the new criteria.
About This is stated in the Cabinet of Ministers Resolution No. 1332.
Cancellation of deferment from conscription
According to the document, deferments from mobilization issued by the Ministry of Economy before this resolution came into force are valid for the period for which they were granted, but not longer than until February 28, 2025.
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Deferments that were granted through the Unified State Web Portal of Electronic Services (Дія) are also valid for the period for which they were granted, but not longer than until February 28, 2025.
Under what conditions is a deferment canceled:
- in the event of its expiration actions;
- completion by an enterprise or institution of work on providing services to meet the needs of the Defense Forces of Ukraine;
- deprivation of an enterprise or institution of the status of being critically important for the economy;
- liquidation of a government body, local government, enterprise, institution and organization;
- dismissal of a conscript from a government body, local government, etc. (except for dismissal from a position followed by appointment to another position within the same government body, local government, enterprise or institution);
- termination of the employment contract of a conscript with an enterprise;
- reasoned submission of the head of a government body, local government, enterprise or organization;
- granting a deferment for other reasons specified in Article 23 of the Law on Mobilization Preparation and Mobilization;
- termination of contract or expiration of the term of appointment — for employees of UN specialized agencies, international judicial bodies, international and non-governmental organizations and institutions in which Ukraine is a member, participant or observer in accordance with international treaties;
- failure of the mine action operator to perform demining work on territories within 6 months.
The Ministry of Economy sends the decision to cancel the deferment to state authorities.
Critically important enterprises must confirm their status
By February 28, 2025, all enterprises that have the status of critically important must confirm this. The algorithm does not change — the enterprise applies to the relevant ministry or regional administration to obtain such status.
It is known that after the government audit, 95% of all critical enterprises retained their status. However, violations were also revealed, in particular:
- unjustified reduction of wages after the enterprise received the status of critical;
- overtime increase in the number of reserved workers;
- inclusion of enterprises in the list of critically important ones that are not critical for the economy.
— The new parameters for reservation and criticality of enterprises are clearer and ensure a balance between the state's defense capability and the economy. We have streamlined the coordination of industry and regional criteria for the criticality of enterprises. Reservations should only be granted to those who actually contribute to the economy and have the legal right to do so, — noted Deputy Minister of Economy Vitaliy Kindrativ.
Additional criteria for the critical importance of an enterprise
The eight criteria for determining an enterprise as critical remain in force.
An additional mandatory criterion is established for private enterprises — the average salary at the enterprise for the last calendar quarter should not be less than 2.5 minimum wages (20 thousand UAH as of November 15, 2024). That is, the employee who is being reserved must receive at least 20 thousand UAH.
An employee whose accrued salary is less than 2.5 minimum wages may lose the reservation.
Also, the enterprise should not have any debts for taxes.
For enterprises whose critical status expired before November 30, 2024, it is automatically extended until December 31. Within 10 days after the adoption of this resolution, ministries, departments and regional administrations will review the criteria for critical enterprises, after which they will agree on them with the Ministry of Economy and the Ministry of Defense.
Departments and regional military administrations have three months to review previously issued statuses of critical enterprises taking into account the new requirements.
Possibility of employee reservation
It is worth noting that employee reservations through Diyu will begin to work from December 1. Enterprises are prohibited from booking employees who are not registered for military service or do not have military registration documents.
Diia will also provide an option with which one can familiarize oneself with the decision on the criticality of an enterprise.
If the status is confirmed, the enterprise submits a new application through Diia to book its employees. They must be booked within 72 hours. Enterprises will be monitored monthly for average wages, tax payments, and the number of conscripts.
The possibility of booking is retained for enterprises in the fuel and energy complex with the approval of the Ministry of Energy, for employees of emergency recovery teams of telecom operators, approved by the Ministry of Digital Development.
At the same time, their contractors, enterprises, institutions, and organizations servicing life support systems, along with contractors engaged in the construction, repair, or installation of gas piston and gas turbine units, modular boiler houses, diesel/gasoline and gas generators, as well as metering units, have been excluded from the list.
