Cabinet resolution #1204 of October 22, 2024 

Decision-maker: Cabinet of Ministers 

Status: in effect since October 24, 2024 

Who is affected: the Cabinet of Ministers of Ukraine, central executive bodies, local self-government bodies, Security Service of Ukraine, Armed Forces of Ukraine, other military units, enterprises, institutions, and organizations granted the status of critical importance 

Summary: 

  • the state body that designated enterprises, institutions, or organizations as critical may check the appropriateness of providing such status if necessary 
  • based on the results of the conducted check, it makes a decision: 
    • to recognize the non-compliance of companies with the criteria and revoke the status of critically important 
    • to recognize the compliance with the criteria, maintaining the status of critically important 
  • copies of the decision made after the check are sent to the Ministry of Economy, Ministry of Defense (SSU, Foreign Intelligence Service, and Main Intelligence Directorate), and Ministry of Digital Transformation the same day. 

What is right: verification will help to guarantee that enterprises recognized as critical in times of crisis genuinely meet the requirements and possess the necessary resources. 

What is wrong: the criteria for determining critically important companies include various indicators: the amount of paid taxes, profitability, as well as the vague concept of “importance” for the economy and society. Particularly problematic is the “importance,” as it leaves room for discretion, which may lead to inconsistent designation of the critical status and potential abuses. 

Alternative solution: to make the criteria for granting the status of critically important enterprises clear and objective. For example, to list specific sectors (e.g., energy, transportation) and actual positions (e.g., truck drivers, electrical engineers) that are crucial for the state and military. Currently, employees whose jobs are to ensure delivery of groceries, functioning of the transport infrastructure, and provision of electricity to citizens’ homes are not always reserved from mobilization due to the requirements of paying a certain amount of taxes or profitability. 

Additional information: 

  • article by Yana Prots: It will be possible to reserve employees via Diia: how and when it will work