Employee reservation: criteria for confirming criticality in the ministry of economy have been changed

How to reserve employees given the recent reorganization of Ukraine's Ministry of Economy? Which businesses will now be considered critically important? The answers to these questions can be found in the new criticality criteria.

Due to the reorganization of the Ministry of Economy of Ukraine (hereinafter – "Mineconomy") in July 2025, and the liquidation of the Ministry of Agrarian Policy and Food of Ukraine and the Ministry of Environmental Protection and Natural Resources of Ukraine, the procedure for designating enterprises as critically important was temporarily suspended. This occurred because the criteria for various sectors required updating in accordance with the new departmental structure.

Mineconomy, by Order No. 471 dated 11.09.2025, amended the Criteria for designating enterprises, institutions, and organizations as critically important for the national economy sectors, which were previously approved by Order No. 28003 dated 18.12.2024. As a result, existing criteria were updated, and separate criteria were introduced for forestry, hunting, environmental protection, and agriculture.

First and foremost, we would like to inform you that the criteria for the forestry and hunting sectors, environmental protection, and agriculture have virtually remained unchanged. 

However, the criteria for which Mineconomy is responsible have undergone certain changes, specifically:

• the criterion regarding the average accrued salary (or wage) of insured employees has been abolished.

• The criterion regarding an enterprise holding a monopolistic (dominant) position in the market for a certain good/service and supplying other enterprises, institutions, and organizations with material and technical resources, raw materials, components, was abolished and effectively replaced by a new criterion: engaging in a type of production or providing services that meet the needs of other enterprises, institutions, and organizations for material and technical resources, raw materials, components, the absence of which would lead to a complete halt in production or service provision, in a field where Mineconomy ensures the formation and implementation of state policy.

Currently, if your Company obtained the status of a critically important enterprise based on one of the aforementioned criteria, the status will remain valid for the period for which it was previously issued. However, we recommend taking into account the above-mentioned changes for the subsequent confirmation of your critically important enterprise status. 

Our team has significant experience in supporting the confirmation of critically important enterprise status, employee reservation, and advising on state border crossing for reserved employees.

Should you have any questions, we are always available and ready to provide you with prompt support.