On 14 March 2023, Order of the Ministry of Economy of Ukraine No. 952 dated 17.02.2023 entered into force, approving the Criteria for determining enterprises, institutions and organizations as important for the branches of the national economy.
Enterprises, institutions, organizations should be defined as important for the branches of the national economy, if they meet at least one of the following criteria:
- support and implementation of investment projects in accordance with a decision of the Cabinet of Ministers of Ukraine or the Ministry of Economy of Ukraine (purusuant to Article 6 of the Law “On State Support of Investment Projects with Significant Investments in Ukraine”);
- implementation of the state policy the Ministry of Economy of Ukraine is responsible for;
- receipt of state financial aid in the form of grants in accordance with the Law of Ukraine “On Development and State Support of Small and Medium-Sized Businesses”, the Procedure for the Implementation of an Experimental Project on providing Competitive Financial Support to Startups in Ukraine, including in the Information Technology Sector, the Procedure for Providing Micro-Grants for the Creation or Development of One’s Own Business, the Procedure for Providing Grants for the Creation or Development of Processing Enterprises in 2022 – 2023;
- performance of works and provision of services for the Ministry of Economy of Ukraine on the basis of agreements (memoranda / contracts) entered into for a period of at least six months;
- being in the field of management of the Ministry of Economy and execution of state orders;
- the average salary of employees of an enterprise, institution, organization, which carries out activities in the field the Ministry of Economy of Ukraine is responsible for, is not lower than the size of the average salary in the country, multiplied by 1.5;
- implementation of activities in the territory of three or more regions of Ukraine in the field the Ministry of Economy of Ukraine is responsible for;
- production or services required by other enterprises, institutions, organizations in material and technical resources, raw materials and components, the absence of which will lead to a complete stop of production of goods or provision of services, in the field of formation and/or implementation of the policy the Ministry of Economy of Ukraine is responsible for.
Obtaining the status
Let us please remind you that the definition of an enterprise as important for the branches of the national economy is one of the criteria for an enterprise to receive the status of “critically important for the functioning of the economy and ensuring the livelihood of the population in a special period”.
Obtaining such a status by an enterprise, in turn, will allow to carry out the procedure for reservation of employees of such an enterprise during martial law in accordance with the Procedure approved by resolution of the Cabinet of Ministers of Ukraine No. 76 of 27.01.2023.
For additional legal advice on the issue on obtaining by an enterprise the status of “critically important for the functioning of the economy and ensuring the livelihood of the population in a special period” and procedure for booking conscripts, please contact:
the managing partner of the SDM Partners Law Firm
+38 (050) 330 1644
the senior associate of the SDM Partners Law Firm
+38 (063) 757 0393.