Publication date: 21.05.2025
A lawyer based in Kyiv, I specialize in military and mobilization law. My legal practice has equipped me with a deep understanding of defense mechanisms and the ability to act decisively under legal uncertainty. I adapt quickly to change, thoroughly analyze each case, and craft effective strategies to protect my clients’ interests in even the most complex legal situations.
Initial Situation
A representative office of a foreign business entity, part of an international corporation actively operating in Ukraine, contacted the lawyer. Due to the imposition of martial law, the company faced the need to reserve employees to ensure uninterrupted operations. However, this was only possible if the representative office was officially recognized as critically important for the country's economy.
The representative office was unable to independently complete the complex procedure of application and compliance confirmation, and therefore turned to professional legal assistance.
Actions Taken by the Lawyer
The lawyer immediately began working, and within the legal strategy, the following steps were taken:
- Conducted a full legal audit of the representative office's operations: evaluated economic activity, its impact on economic sectors, and supply chains supported by the company.
- Verified absence of violations of tax laws, sanctions, or debts to the budget or funds.
- Analyzed HR documentation, including the number of employees and salary levels, which are important for determining the company's social significance.
- Collected a package of supporting documents (99 items), including tax reports, financial indicators, certificates from the tax office, letters from partners, statistical references, and justification for the need for employee reservation.
- Prepared an official application to the Ministry of Economy of Ukraine with the full package of documents for inclusion of the representative office in the Unified List of Critically Important Enterprises.
To expedite consideration, an attorney's request was submitted to obtain information on the review process, the order issuance, and the inclusion of the company in the Diia system to enable use of the online reservation functionality.
Decision of the Ministry of Economy
As a result of coordinated work and a well-grounded legal position, the Ministry of Economy of Ukraine decided to recognize the representative office as critically important for the functioning of the economy and the support of civilian life during a special period. The relevant information was included in the Unified List of Enterprises Authorized to Reserve Conscripts, which allowed the company to:
- protect key employees from mobilization;
- guarantee uninterrupted operations;
- avoid disruption of critical processes in logistics, supply, and technical maintenance.
Why Is This Important?
This case is a clear example of how legal support enables businesses to utilize the tools provided by the state even under martial law. The complexity of the legal framework, the inconsistency of requirements among government bodies, the need for precise wording, and the proper documentation — all require experience, a systematic approach, and up-to-date legal knowledge.
The lawyer not only supported the procedure, but also ensured protection of the representative office’s rights and interests at all stages: from document preparation to registration in the state registry and further work through the Diia Portal.
Action Plan in Similar Cases:
- Conduct an enterprise audit for compliance with Cabinet Resolution No. 76 and Ministry of Economy Order No. 28003.
- Collect documents confirming the enterprise's importance to its industry and to Ukraine's economy.
- Prepare an application to the Ministry of Economy with an explanatory letter and supporting documents.
- Monitor the process through attorney requests.
- Obtain a decision and supporting order, and include the company in the Unified List.
- Use the Diia Portal to reserve employees.
A properly built legal strategy is the key to achieving business goals even under extraordinary conditions. The successful recognition of the representative office as critically important allowed the company to preserve its team, avoid operational disruptions, and gain tools for further development during wartime.
📌 If your company needs critically important enterprise status or questions the legality of actions by state bodies — request legal assistance. Solutions exist; what matters is executing them correctly.
