Ukrainian Government Updates Mobilisation Reservation Rules and Review of Critical Enterprise Status
On 30 May 2026, the Cabinet of Ministers of Ukraine adopted Resolution No. 692, introducing another set of amendments to Resolution No. 76 of 27 January 2023, which governs the reservation (deferment from mobilisation) of persons liable for military service during mobilisation and martial law. The Resolution also amends the criteria for recognising companies, institutions and organisations as critical to the functioning of the economy and the support of Ukraine’s defence needs.
Review of Critical Enterprise Status
One of the key developments is the introduction of a review process for previously granted critical enterprise status.
The Resolution provides that all decisions recognising businesses as critical enterprises that remain valid on the date the new Resolution enters into force will continue to apply only for the period for which they were originally granted, but in any event no later than 1 September 2026. By that date, the competent authorities must reassess such decisions.
In addition, central executive authorities, other state bodies and military administrations are required to review their sector-specific criteria for recognising enterprises as important for the national economy or local communities by 10 June 2026. By 1 July 2026, they must assess whether businesses currently holding critical enterprise status continue to meet the updated criteria. If the criterion on the basis of which a company was recognised as strategically important is removed, its critical enterprise status must also be revoked.
Changes to the Salary Threshold
The Resolution raises one of the key thresholds used to determine whether an enterprise qualifies as critical.
For most businesses, the required level of employees’ accrued monthly remuneration increases from 2.5 to 3 minimum monthly wages. Based on the current statutory minimum wage, this means that the threshold increases from UAH 21,617.50 to UAH 25,941.
At the same time, a separate threshold is retained for businesses that are located and actually operate in areas of possible or active hostilities or in temporarily occupied territories. For such enterprises, the minimum salary requirement remains at 2.5 minimum monthly wages, which currently equals UAH 21,617.50.
Monitoring Reservation Quotas
The Resolution also clarifies the employer’s obligations where the statutory limits on the number of employees eligible for reservation are exceeded.
If a company exceeds the applicable quota, it must submit an electronic application through the Diia portal to cancel the relevant reservations within ten business days. Under the previous rules, employers were only required to take measures to prevent such excesses.
Importantly, exceeding the statutory reservation quota is now expressly listed as a ground for revoking a company’s critical enterprise status.
Changes to the Calculation of Reservation Quotas
From 1 September 2026, the rules for calculating the total number of employees eligible for reservation will also change.
Employees who already benefit from a deferment on other grounds under Article 23 of the Law of Ukraine On Mobilisation Preparation and Mobilisation, as well as employees working for more than one employer, will be counted only once for the purposes of calculating reservation quotas.
In practical terms, this means that such employees will no longer be able to contribute to the reservation quota of multiple employers simultaneously, which may affect the overall number of employees that a company may reserve.
Additional Documentation Requirements
The amendments also introduce additional documentary requirements. Applications for obtaining critical enterprise status must now specify the particular criteria under Resolution No. 76 that the applicant satisfies. The same information must also be reflected in the relevant decisions issued by the competent authorities.
Most provisions of Resolution No. 692 entered into force on the date of its official publication. However, under paragraph 6 of the Resolution, the amendments relating to the increased salary threshold and the new rules for counting employees who already have another deferment or work for multiple employers when calculating reservation quotas will apply only from 1 September 2026.