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SUPPORT FOR DEFINING AN ENTERPRISE AS CRITICALLY IMPORTANT

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Brodiuk Artem Ihorovych
Lawyer
Ukraine / Kyiv
Brodiuk Artem Ihorovych

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Reading time: 6 minutes Total views: 40
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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 lawyer was approached by an agricultural company engaged in the cultivation and processing of agricultural crops. Due to the introduction of martial law, the company faced a real threat of losing key employees to mobilization. This could lead to a halt in production, loss of harvest, and disruption of the supply of goods critical to the region's food security.

To prevent this, the company decided to initiate the process of obtaining the status of a critically important enterprise for the functioning of the economy and ensuring the livelihood of the population during a special period.

Lawyer's Actions

 

The lawyer immediately took on the case and:

  1. Conducted a legal analysis of the company's business activities, including production volumes, supply contracts, and its significance to the regional food system.
  2. Checked the ownership or usage of agricultural land plots, their size, and legal status.
  3. Analyzed the company’s tax reporting for the most recent reporting period and verified the absence of debts to state and local budgets.
  4. Reviewed the staffing structure: number of employees, average wages, and the presence of conscripted personnel.

     
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Based on the analysis, it was determined that the company meets the Criteria and Procedure approved by the CMU Resolution dated 27.01.2023 No. 76 and the Order of the Ministry of Agrarian Policy and Food of Ukraine dated 10.12.2024 No. 4282.

 

After that, the lawyer:

 

  1. Prepared a submission to the Ministry of Agrarian Policy and Food of Ukraine with a full package of supporting documents.
  2. Formed and submitted an application via the State Agrarian Register (DAR).
  3. Filed a legal inquiry to promptly monitor the review status, confirm compliance with the criteria, and ensure inclusion of the company in the Unified List of Critically Important Enterprises.

     

Ministry’s Decision

 

Within a month after submission, the company received an official notification of approval.

The Ministry of Agrarian Policy and Food of Ukraine issued an order designating the company as critically important and confirmed its inclusion in the Unified List, which grants the right to:

  1. reserve conscripted employees through the Diia Portal;
  2. retain human resources capacity;
  3. guarantee continuity of production and food supply.

Why Is This Important?

 

This case demonstrates that even under the challenging conditions of martial law, agricultural enterprises can exercise their right to protect employees and ensure operational stability. The key to success was professional legal assistance, which helped avoid bureaucratic mistakes and ensured timely preparation of a complete document package.

A sound legal strategy is not just a formality — it is a real tool for business continuity.

Step-by-Step Plan for Similar Cases

 

  1. Legal analysis of the company’s operations: economic impact, asset ownership, personnel structure.
  2. Tax compliance check and preparation of financial documentation.
  3. Preparation of an application to the ministry with accompanying documents.
  4. Submission of the application via the relevant register (e.g., DAR).
  5. Monitoring the review process and communication with the ministry.
  6. Obtaining the order and inclusion in the Unified List.
  7. Employee reservation via the Diia Portal.

 

Conclusion

If your company supports vital processes, you have the right to state protection from disruption. Obtaining the status of a critically important enterprise is a practical tool for preserving your team and business operations.

📌 Don’t delay — request legal support to complete this procedure correctly the first time.

 

 

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