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With the onset of the full-scale Russian invasion of Ukraine and the introduction of martial law, the issue of reserving persons liable for military service has become especially relevant for business. The agricultural sector, which is one of the key branches of the economy and provides the country with food security, was no exception. Enterprises of the agro-industrial complex face challenges connected with retaining their most qualified personnel. In this article, we will examine how the requirements for reserving persons liable for military service in the agricultural sector have evolved and what entrepreneurs need to know in order to successfully complete this procedure.
The basis for the reservation procedure is Resolution of the Cabinet of Ministers of Ukraine No. 194 of 03.03.2022. According to it, enterprises that meet the needs of the Armed Forces of Ukraine, other military formations and the population may reserve their employees. However, as it turned out, the interpretation of this provision subsequently changed.
“The defining condition for reservation is the enterprise’s satisfaction of the needs of the Armed Forces of Ukraine, military formations and the population. However, there is no legislative definition or clarification of such a term, and for this reason its understanding is a controversial and ambiguous matter,” experts comment.
At the initial stage of the war, the Ministry of Agrarian Policy and Food (the Ministry of Agrarian Policy), which is responsible for the thorough review of proposals from agricultural enterprises, accepted reservation documents with a fairly general justification. However, the requirements soon became stricter.
The position of the Ministry of Agrarian Policy changed gradually. This is connected not with an update of the Resolution, but with a different vision of the procedure. It was formed on the basis of the Law of Ukraine “On Mobilization Preparation and Mobilization”.
1. Reservation through the proper fulfillment of a mobilization task
From the spring of 2022, in order to reserve their employees, agricultural enterprises had to conclude a contract for the fulfillment of a mobilization task. This meant that the enterprise had to confirm that it provides for the needs of the Armed Forces of Ukraine or the population by performing a specific task assigned by the military administration.
What had to be submitted to the Ministry of Agrarian Policy:
Important. Even if the enterprise did not produce goods that could be supplied under such a contract, the Ministry of Agrarian Policy proposed confirming cooperation with counterparties (for example, through processing or service maintenance contracts) that are already fulfilling a mobilization task.
2. Reservation by order of the military administration
At present, in order to pass the reservation procedure, the Ministry of Agrarian Policy requires the provision of not just a copy of the contract, but also an order of the regional (district) military administration establishing the mobilization task.
In its clarification of 13 October 2022, the ministry emphasized: letters from local self-government bodies on the establishment of mobilization tasks cannot serve as confirmation if they contain no reference to an order of higher executive authorities.
This innovation led to certain difficulties. There are cases in which contracts were concluded without such an order. This, unfortunately, creates additional obstacles for enterprises and may indicate a failure to maintain a balance between state and private interests.
To avoid refusals and successfully reserve your employees, it is worth taking the following points into account:
The reservation procedure in the agricultural sector remains dynamic. It is important to constantly monitor changes in the requirements and to prepare documents taking the new realities into account. This will make it possible to retain key specialists and ensure the stable operation of your enterprise.
Yes, agricultural sector enterprises may reserve employees liable for military service where there are grounds and a status defined by law.
As a rule, the status of a critically important enterprise and the submission of the relevant documents in the established manner.
The enterprise must meet the established criteria and undergo the defined recognition procedure; the requirements depend on the field of activity.
The scope of reservation is determined by the established norms and depends on the enterprise’s status and its indicators.
Yes, a lawyer will help verify the grounds, prepare the documents and reduce the risk of refusal, which is important for agribusiness.
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