Increase of the reservation limit for employees of critically important enterprises operating in areas of hostilities
Resolution of the Cabinet of Ministers of Ukraine No. 991 dated 13 August 2025 supplements the Procedure for Reserving Conscripts During Mobilisation and Martial Law with paragraph 8-1. It stipulates that critically important enterprises, whose registered location is determined and which in fact conducts activities in the territories of possible/active hostilities where the date of cessation of the possibility of hostilities (the date of termination of hostilities) has not been determined, may reserve up to 100% of their conscripted employees.
Accordingly, critically important enterprises that possess valid criticality status and carry out activities in the territories of possible/active hostilities may increase the reservation limit of their employees up to 100%. For this purpose, they must take the following steps.
Step 1. For a critically important enterprise operating in front-line territories to be able to reserve up to 100% of its employees, it must submit a written request to the regional, Kyiv City or Sevastopol City State Administration, within whose jurisdiction the respective territories of possible or active hostilities are located.
The request must include the following information:
- the date and number of the decision (order/act) designating the enterprise as critically important
- the registered location of the critically important enterprise (pursuant to the Unified State Register of Enterprises and Organizations of Ukraine (EDRPOU))
- confirmation of actual activities in the territories of possible/active hostilities included in the List of territories for which no date of cessation of the possibility of hostilities (the date of termination of hostilities) has been determined
- the total number of conscripted employees and the number of already reserved employees
- the additional need for reserving conscripts (expressed as a percentage)
The request must be accompanied by a copy of the decision (order/act) on designation/confirmation of critical importance status. The relevant State Administrations may also establish additional requirements regarding the information/documents to be indicated or attached to the request.
Step 2. Upon receipt of such request, the regional, Kyiv City or Sevastopol City State Administrations review it for compliance of the enterprise with the requirements regarding: (1) the registered location of the critically important enterprise; and (2) the actual conduct of activities by the critically important enterprise in the territories of possible/active hostilities.
It should be noted that confirmation of the registered location of a critically important enterprise is based on information from the EDRPOU.
To confirm the actual conduct of activities, the following indicators of economic activity of the critically important enterprise may be taken into account, including:
- the presence and location of production facilities, commercial premises, land plots, etc.
- ownership or lease of real estate
- the actual place of production (manufacture) or sale of products, performance of works, provision of services, and the existence of concluded contracts
- payment of taxes, duties, and other mandatory charges (by type and place of payment)
- the existence of separate structural units or branches, their location, the total number of conscripted employees and the number of reserved employees of such units/branches
- the overall number of conscripted employees and the number of reserved employees
- the location of workplaces: the number of conscripted employees directly working in territories of possible/active hostilities
- the number of conscripted employees directly working outside such territories
If the review of the request of the critically important enterprise produces a positive result, the relevant State Administration applies to the state authority that adopted the decision on designating the enterprise as critically important, in order for such authority to submit, through the Diia web portal, a notification of amendment (increase) of the reservation limit in the Unified Register.
Step 3. The state authority that adopted the decision on designating the enterprise as critically important shall submit, via the Diia web portal, a notification of amendment (increase) of the reservation limit in the Unified Register.
If the decision on designating the enterprise as critically important was adopted by the regional, Kyiv City or Sevastopol City State Administration, such Administration shall itself submit, via the Diia web portal, the notification of amendment (increase) of the reservation limit in the Unified Register, based on the request of the critically important enterprise.
For further information, please contact Asters' Partner Yuna Potomkina and Counsel Anton Sintsov.
