The Ministry of Defence has begun officially accepting applications from enterprises seeking this status. Submissions should be sent to admou@post.mil.gov.ua.
Previously, these functions were carried out by the Ministry of Strategic Industries.
The criteria preserve the existing approach to designating such enterprises. Companies that have already been recognised as critical to the national economy, and whose status remains valid, do not need to take any further action or amend their documentation.
To gain the status of being critical to the national economy, and thus the right to reserve up to 100% of employees liable to military service, defence enterprises must satisfy the following criteria. To qualify, such an enterprise must:
(1) perform a government defence contract or be involved in such performance under contracts — including foreign trade agreements — provided that defence-related production accounts for more than 50% of the enterprise’s total output in the latest reporting period;
(2) receive government financial support via grants in accordance with Government Resolution No. 262 of 8 March 2024, “Certain Issues of Ensuring the Development of Innovations and Technologies for Defence Needs”; and
(3) act as an authorised body responsible for managing state-owned assets, charged with regulating, overseeing and coordinating the activities of defence enterprises.
Enterprises, institutions and organisations in the defence industry that do not meet the above criteria may still be recognised as critical to the national economy if they satisfy at least three of the following requirements. To qualify, they must:
(1) perform a government defence contract;
(2) be engaged in fulfilling defence orders under contracts, including foreign trade agreements;
(3) be on an electronic register of bidders participating in a selection process and contractors performing government defence contracts;
(4) be involved in a dedicated government programme in the aircraft-manufacturing or space sectors;
(5) participate in defence industry development programmes, the introduction of new technologies, or the expansion of production capacities; or
(6) produce goods, perform works, or provide services used by defence enterprises in manufacturing defence products.
If enterprises, institutions or organisations meet at least two of the mandatory criteria set out in Government Resolution No. 76 of 27 January 2023, “Certain issues of implementing the provisions in the Mobilisation Preparations and Mobilisation Act regarding the reservation of individuals liable to military service during mobilisation and wartime,” they may be designated as critical to the operation of the economy and the provision of essential services during a special period. This designation would enable them to reserve up to 50% of employees liable to military service.