New Criteria for Determining the Criticality of Businesses in 2026: What Has Changed and How to Retain the Right to Reserve Employees

For many Ukrainian companies, “critical” status today means not only the ability to operate during martial law, but also the ability to retain their workforce. It is this status that determines a company’s right to exempt employees subject to military conscription—without whom the business often simply cannot function.

In 2026, the Ministry of Economy updated the criteria under which companies can obtain or confirm this status. The new requirements have become stricter, so many companies should check now whether they comply with the established rules.

What documents should you pay attention to?

The procedure for reserving personnel subject to military service is defined by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023. This document establishes the general rules for reserving personnel and the criteria by which an enterprise may be recognized as critically important.

In addition, in June 2026, the Ministry of Economy approved new criteria for identifying such enterprises through Order No. 6954. The document took effect on July 3, 2026, and significantly changed the approach to business assessment.

What has changed?

Whereas certain criteria used to be evaluated rather formally, the main focus is now on the company’s actual economic indicators.

When reviewing documents, the government will pay attention first and foremost to:

• the level of employees’ official wages;
• payment of taxes and the unified social contribution;
• the number of employees;
• the actual conduct of business activities;
• the company’s significance to the relevant industry or the country’s economy.

In other words, a company must not merely exist, but must actually operate, pay taxes, and officially register its employees.

Why shouldn’t you wait until the last day?

If a company already has “critically important” status, this does not mean that it will remain in effect indefinitely.

Companies must confirm their compliance with the new criteria in accordance with established procedures. If they fail to do so, or if their metrics do not meet the requirements, the company may lose its right to retain employees.

That is why it is advisable to conduct an internal audit now.

Before submitting documents, it is advisable to ensure that:

• the financial statements contain no errors;
• the average salary meets the established requirements;
• all employees are properly registered;
• the KVED codes are correctly specified;
• all documents confirming compliance with the criteria have been prepared.

Why is it important to prepare documents correctly?

In practice, rejections are often due not only to failure to meet the criteria but also to common errors in the documents.

An incomplete set of documents, inaccuracies in reporting, or improper formatting can lead to a rejection even when a company actually meets all the requirements.

That is why many companies seek legal assistance even before the procedure begins. This allows them to identify potential risks in advance, prepare the necessary documents, and avoid unnecessary delays.

The Ministry of Economy’s new criteria indicate that the government is gradually moving toward stricter oversight of businesses applying for critical importance status.

Therefore, businesses should not delay preparing their documents but should review their metrics now and, if necessary, bring them into compliance with current requirements.

If you have any questions or need advice on obtaining or confirming the status of a critically important enterprise, please contact the attorneys at the “Strategic Advocacy” Law Firm. Our specialists will help you assess your compliance with the criteria, prepare the necessary documents, and guide you through the process at every stage.