The Ukrainian Government Publishes Amendments on Designation and Criteria for Critical Businesses Adopted on 30 May 2026
On 30 May 2026, the Ukrainian Government adopted Resolution № 692, which introduces further amendments to the mechanism for identifying enterprises that are critical to the functioning of the economy and to meeting the state’s needs during a state of emergency, as well as to the procedure for reserving employees liable for military service.
The changes introduced are aimed at revising the current reservation system and strengthening control over compliance with criticality criteria.
The Resolution provides for both the updating of certain criticality criteria and a comprehensive review of decisions already taken regarding enterprises that currently have the status of being critically important.
Key changes
- Review of the status of critical enterprises
Decisions designating enterprises as critical, which are in force as of the date of entry into force of Resolution No. 692, shall remain in force for the period for which they were adopted, but not beyond 1 September 2026.
At the same time, by 10 June 2026, central executive authorities and regional military administrations must review and re-approve sectoral and regional criticality criteria.
By 1 July 2026, an analysis must be carried out to assess whether enterprises that have already been granted critical importance status still meet the updated criteria. If the criterion on the basis of which an enterprise was recognised as critical is removed, the relevant status may be revoked.
The final review of all current decisions regarding criticality must be completed by 1 September 2026.
- New requirements regarding wage levels
One of the most significant changes is the increase in the wage criterion for enterprises seeking to obtain or retain critical importance status.
For such enterprises, the average wage must be no less than three times the minimum wage, which currently stands at 25,941 UAH.
An exception is provided for enterprises operating in areas classified as frontline regions. For them, the minimum average wage level will be 2.5 times the minimum wage, or UAH 21,618.
Please note! The updated salary criterion comes into force from the date of publication of Resolution No. 692 (1 June 2026) – meaning that from May 2026, the enterprise must calculate the average salary of insured employees at a level of no less than 25,941 UAH.
The provision regarding the amount of calculated wages for reserved military-conscripted employees comes into force on 1 September 2026.
- Changes to the procedure for calculating the reservation quota
The resolution clarifies the rules for determining the number of employees who may be reserved. Employees who are already entitled to deferment from mobilisation on other grounds, as well as employees holding multiple jobs, will be counted towards the reservation quota for only one place of work. The changes come into force on 1 September 2026.
- Monitoring compliance with reservation limits
The Resolution also tightens monitoring of compliance with the established reservation limits.
If an enterprise exceeds the permitted number of reserved employees, the manager is obliged to submit an application via the Diya portal within 10 working days to cancel the relevant reservations.
Furthermore, exceeding the established limits may serve as grounds not only for the cancellation of individual reservations but also for the company to lose its status as a critical business.
- Additional requirements for Diya City residents
For Diya City residents, the Resolution clarifies the requirements for confirming criticality.
The mere fact of holding Diya City resident status is no longer sufficient grounds for receiving the relevant benefits. The enterprise must meet the requirements of Article 5 of the Law of Ukraine ‘On Stimulating the Development of the Digital Economy in Ukraine’, specifically regarding the established wage level, as confirmed by tax returns for the last six months.
What does this mean for businesses?
The changes introduced indicate the government’s intention to carry out a comprehensive review of previously adopted decisions regarding the criticality of enterprises and to tighten controls over compliance with the reservation criteria.
For companies that already have critical status, the coming months will be a period of re-assessment of their compliance with the updated requirements. In this regard, it is advisable to conduct an internal audit of personnel and financial indicators in good time, to review the staff structure, salary levels, the correctness of the booking quota calculation, and the availability of documentary evidence of compliance with the criticality criteria.
What should companies check right now?
- The basis on which the enterprise was recognised as critical. Companies should check which specific sectoral or regional criterion they meet. If such a criterion is changed or abolished, it may become necessary to re-justify the status of a critical enterprise.
- Employees’ salary levels. It is advisable to analyse current salary levels and assess their compliance with the new requirements.
- Presence of part-time employees. Enterprises should assess the number of part-time employees and the impact of the new rules on the calculation of the reservation quota. Once the amendments come into force, such employees will be counted at only one place of work.
- Compliance with the established reservation quota. It is necessary to check whether the actual number of reserved employees exceeds the limits set by law. Exceeding the quota may constitute grounds for the cancellation of reservations and the loss of critical business status.
- Special requirements for certain categories of enterprises. It is advisable for Diya City residents to additionally verify compliance with the legal requirements regarding the digital economy.
For further information, please contact Asters Partner Yuna Potоmkina and Counsel Anton Sintsov.
