Publication date: 09.07.2025
My name is Sofia Kalytovska. I am a professional legal consultant from Ukraine. My key areas of law are contract and corporate law.
Initial Data:
A client, the owner and director of a limited liability company engaged in computer programming, contacted me. The company primarily works with foreign clients, has stable income, is registered in Ukraine, and provides outsourcing services abroad. The total number of employees exceeds 50.
The client had a specific request: to obtain the opportunity to reserve key employees subject to military duty, without whom the company's normal operations could be disrupted. This included department heads, senior developers, Senior and Team Lead level specialists who did not have deferments from mobilization and were subject to military summons.
Problem:
According to current Ukrainian legislation, reserving military personnel is only possible for enterprises that have the status of critical for the functioning of the economy or the livelihood of the population during a special period.
However, the client lacked complete information about the procedure for obtaining such status, was unsure if the company met the criteria, and did not know how to prepare the documents and properly justify the company's critical importance. An additional complexity was that some company processes were automated, while others depended on the continuous work of specific employees.
Therefore, we had the task of quickly preparing the company to obtain critical status without violating the law and ensuring the legal possibility of reserving personnel.
Solution:
The legal support consisted of several stages, each with its logic, regulatory nuances, and requiring coordination with government authorities.
1️⃣ Initial Consultation
During the first meeting, we clarified in detail:
- Legal form of the enterprise, type of activity by classifier (KVED);
- Revenue volume for the previous year and export share;
- Presence of Diia.City residency (not available at the time of contact);
- Staff size and number of military-eligible employees;
- Structure of key functions and irreplaceability level of certain positions.
I provided full information about the criteria for recognizing an enterprise as critical according to CMU Resolution No. 76 and related amendments, as well as the procedure for submitting the application and obligations after obtaining such status (reporting, maintaining staffing, fulfilling tax obligations, etc.).
2️⃣ Diia.City Residency
Since IT companies can apply for reserving through the Ministry of Digital Transformation only if they are Diia.City residents, I supported the process of applying for inclusion in the register.
We verified compliance with all requirements:
- Employment model — labor contracts or gig contracts;
- Main activity code — 62.01 "Computer programming";
- Presence of officially employed specialists;
- Confirmed income from IT activities.
Registration in Diia.City was completed successfully within a few working days.
3️⃣ Legal Support for HR Processes
Proper organization of the military registration at the enterprise was crucial for further reserving. I provided recommendations on managing the military record of eligible employees, document templates, instructions for the responsible person, issued an internal order, and shared tips to avoid common violations during inspections.
4️⃣ Preparation of Document Package
Based on the collected information, I prepared the full package of documents for submission to the Ministry of Economy (via the relevant ministry) to obtain the status of a critical enterprise.
The package included:
- Cover letter justifying the critical function of the company;
- List of key employees with job descriptions;
- Income and export share certificate;
- Confirmation of Diia.City residency;
- Information about potential risks to the national economy in case of business interruption.
The strategic importance of the company for the IT sector, foreign exchange earnings, and development of critical solutions for international partners was emphasized.
5️⃣ Status Confirmation and Reserving
After confirming the critical status of the enterprise, we prepared and submitted an application to reserve 50% of military-eligible employees. The application specified individuals, their military registration data, and justification of their irreplaceability for company operations.
The Ministry of Digital Transformation approved the list and forwarded it to the General Staff of the Armed Forces for final approval.
The Client Received:
- Official confirmation of critical enterprise status;
- The ability to reserve key specialists;
- Approved decision to reserve 50% of military-eligible staff;
- Prepared documentation and HR instructions for further record-keeping;
- Full legal compliance by the company.
Result:
Thanks to proper legal support, the client retained key employees, avoided a staffing collapse, continued full operations, and ensured uninterrupted contracts with international partners.
Obtaining critical status and reserving employees provided not only legal protection for the company but also a competitive advantage in the market.
The procedure for obtaining critical enterprise status and further reserving is complex but achievable if done properly and consistently. In this case, thanks to professional support, the optimal result was achieved: the company preserved its workforce, avoided business interruption, and gained stability during a challenging period.
