The New Procedure for Reserving Persons Liable for Military Service

In 2023, a new procedure for reserving employees liable for military service came into force in Ukraine, approved by Resolution of the Cabinet of Ministers of Ukraine No. 76 of 27 January. This document was intended to simplify the process, but some of its provisions still require additional clarification from government bodies.

In this article, we will examine in detail the main aspects of the new procedure that will help enterprises to effectively reserve their employees.

Three main grounds for reservation

The new resolution defines three main categories of enterprises that have the right to submit reservation lists. Each of them requires clear documentary confirmation.

1. Fulfillment of a mobilization task. Enterprises to which the military or state administration has entrusted the fulfillment of a mobilization task (for example, the supply of goods or services for the army) have the right to reserve their employees. The basis for this is a signed contract on the fulfillment of the task. Even if another document confirming cooperation has been drawn up instead of a contract, it can be used. In the event of a refusal, it is worth applying for clarification to the relevant ministry.
2. Production of goods for the Armed Forces. This ground applies to companies whose activity is directly connected with supporting the army. This may be the production of military equipment, its repair, the creation of prototype spare parts or the provision of specialized services. Although the law does not contain a complete list, this category includes everyone who works for the country’s defense needs.
3. The status of a “critically important enterprise”. This is a universal ground, available to practically any company. To obtain such a status, an enterprise must meet at least three of the seven criteria approved by the Cabinet of Ministers.

Criteria for recognizing an enterprise as critically important

To obtain the status of being critically important for the economy, a company must provide evidence of compliance with at least three of the seven criteria.

• Financial criteria:
  • Tax payments: the amount of taxes for the year exceeds the equivalent of 1.5 million euros.
  • Currency receipts: the volume of receipts in foreign currency for the year exceeds 32 million euros.
• Social and other criteria:
  • Wages: the average wage is not lower than the average for the region as of the end of 2021.
  • Absence of debts: there is no debt on the payment of the unified social contribution (USC).
  • Special importance: the enterprise is of significant importance for a branch of the national economy or for the needs of the community. Each ministry or regional military administration has its own criteria. For example, the Ministry of Agrarian Policy has approved its own list for agricultural companies.

Conditions and procedure for reservation: nuances

The new resolution introduces significant changes to the reservation procedure.

Restrictions and exceptions:

• A quantitative restriction. An enterprise may reserve up to 50% of its employees liable for military service. This does not apply to women who are not on military records, or to conscripts.
• Justification. If a company has a need to reserve more than 50% of its employees, it must provide a justification. It must be detailed rather than abstract.
• Managers. Company managers and their deputies may be reserved without restrictions as to age, rank or military registration specialty.
• Scarce specialties. There is a list of scarce military registration specialties that are not subject to reservation, but with certain exceptions.

The document submission procedure:

1. Forming the lists. The enterprise prepares lists of employees liable for military service, a certificate of their number and a justification of the grounds.
2. Submission. The documents are submitted to the relevant governing body, a ministry or a regional military administration.
3. Approval. Instead of the Ministry of Defense, the lists are now approved by the General Staff of the Armed Forces of Ukraine.
4. The order. The final order on reservation is issued by the Ministry of Economy on the basis of the lists approved by the General Staff.

The new reservation procedure is more systematic and provides enterprises with clear tools for protecting key employees. It helps to maintain the stable functioning of the country’s economy in wartime conditions. Compliance with all the requirements, the correct execution of documents and knowledge of your rights are the key to a successful reservation.

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Frequently Asked Questions

Who can obtain a reservation from mobilization?

A reservation can be obtained by employees liable for military service at enterprises, institutions and organizations, where there are grounds defined by law.

What are the main grounds for reservation?

The law defines several grounds, the key one being work at an enterprise recognized as critically important for the economy and defense needs.

What is a critically important enterprise?

It is an enterprise that meets the established criteria and has received the corresponding status, which grants the right to reserve part of its employees.

What is the procedure for arranging a reservation?

A reservation is arranged through the enterprise’s submission of the relevant documents in the established manner; the nuances depend on the enterprise’s status.

Why involve a lawyer in reservation matters?

A lawyer will help verify the grounds, prepare the documents and reduce the risk of refusal, which is especially important for business.

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