The Cabinet of Ministers of Ukraine has published a resolution updating the arrangements for reserving persons liable for military service during mobilization and martial law.
In particular, according to Resolution No. 1328 of October 23, central executive authorities, other state bodies, public administration bodies whose jurisdiction extends throughout the entire territory of Ukraine, regional and Kyiv City State Administrations (military administrations if established) must, within ten days from the date this resolution enters into force, ensure the review and approval of the criteria used to determine enterprises, institutions and organizations that are critically important for the functioning of the economy.
Following the review of the criteria, an analysis of enterprises’ compliance with these criteria must be carried out, and if a criterion on the basis of which an enterprise was designated as critically important is removed, the decision designating it as critically important must be revoked.
The government has established that decisions designating enterprises as critically important that are valid on the date this resolution enters into force shall remain valid for the period for which they were adopted, except for those that have been revoked.
It is noted that decisions of the Minister of Defense to increase the number of persons liable for military service eligible for reservation, adopted before Resolution No. 1608 entered into force, shall remain valid throughout the period of validity of the decision designating an enterprise as critically important, but no later than December 8, 2026. Decisions of the Ministry of Defense to increase reservation quotas adopted after December 8, 2025, shall remain valid for the duration of the decision on critical importance, but no longer than the period specified in the relevant decision of the ministry.
The Cabinet of Ministers has also established a Coordination Center for Organizing the Reservation of Persons Liable for Military Service during Mobilization and Wartime.
It is noted that enterprises operating in the following sectors may be designated as critically important for the functioning of the economy and ensuring the population’s essential needs during a special period: the defense-industrial complex; the fuel and energy complex; housing and communal services; the extractive industry; the processing industry; agro-industrial production, including ensuring food security; retail trade; construction; transport and logistics; information technology; banking; healthcare; communications; as well as enterprises carrying out emergency rescue and other urgent work (emergency rescue services); and enterprises operating in a sector approved by the Coordination Center following a substantiated request from a central executive authority or another state body responsible for formulating and/or implementing state policy in the relevant sector.
It has been established that the proportion of persons liable for military service eligible for reservation may exceed 50% based on the recommendations and proposals of the Coordination Center.
Substantiated proposals to increase reservation quotas shall be submitted to the Coordination Center by the relevant state body. Grounds for the Coordination Center to refuse to consider such proposals include, in particular, the establishment of facts of systematic violations by the head of a critically important institution of the legal requirements governing the organization and maintenance of military registration records. This includes, in particular, the existence of two or more documented violations within the past 12 months and/or the imposition of administrative liability on the head of the institution for committing such violations.
It has also been established that the number of persons liable for military service holding positions in representative offices of donor institutions and organizations implementing international technical assistance projects who are eligible for reservation must not exceed 50% of the number of employees liable for military service directly involved in carrying out the tasks of a single project, and must not exceed seven people.
Under a decision of the State Secretary of the Cabinet of Ministers, adopted taking into account the recommendations of the Coordination Center, the number of persons liable for military service eligible for reservation may exceed seven people, but must not exceed 50% of the total number of employees liable for military service.
The number of employees liable for military service who are eligible for reservation must not exceed 95% in critically important institutions designated by the Ministry of Defense as critically important in the defense-industrial complex, the fuel and energy complex, and their contracting organizations, or among domestic manufacturers of transformer equipment for the energy sector that carry out construction, repair, restoration, manufacture and/or supply of equipment, provide services, or implement other engineering and technical measures aimed at ensuring the uninterrupted operation of Ukraine’s integrated power system and gas transmission system during a special period.
The proportion of persons liable for military service eligible for reservation may exceed 95% under a decision of the Ministry of Defense or the Ministry of Energy, adopted taking into account the agreed recommendations of the Coordination Center.
Among other things, the government recommended that enterprises intending to obtain critically important status ensure the timely submission of documents to central executive authorities, other state bodies and public administration bodies in order to obtain such status.
