On 5 July 2024, the new criteria of the Lviv Regional Military Enlistment Office came into force, which were approved by the Order of 28 June 2024 No. 576/0/5-24ВА. This decision changed the booking criteria and clarified the list of documents to be submitted by companies to the Lviv CAA.
The key changes include the following:
the number of criteria for the Lviv CAA was reduced from ten to nine. Two criteria related to municipal and state-owned enterprises were removed from the list, and one new criterion was added regarding the average salary for the last calendar quarter, which must be equal to or exceed UAH 17,750.
clarified the requirements for employment of internally displaced persons (IDPs). The number of such persons must be 5% or more of the total number of employees at the enterprise, and IDPs must continue to work at the enterprise as of the last calendar quarter preceding the application of the enterprise.
A single requirement has been established for all enterprises to be identified as important for the territorial communities of Lviv Oblast – they must meet at least three criteria set by the Lviv CMA.
Check out the presentation of the new booking procedure.
Resolution No. 650 dated 05.06.2024 “Certain Issues of Reservation of Persons Liable for Military Service during Martial Law” updated the reservation algorithm for enterprises, institutions and organisations by amending the text of Resolution No. 76 dated 27.01.2023 “Certain Issues of Implementation of the Law of Ukraine “On Mobilisation Preparation and Mobilisation” (the “Resolution”).
The Resolution stipulates that persons liable for military service may be booked regardless of their military rank, age and military accounting speciality.
According to the new procedure, there are 4 blocks of subjects of reservation of persons liable for military service
Block 1: Public authorities, other state bodies, local self-government bodies.
Block 2: Enterprises, institutions and organisations that are critical to meeting the needs of the Armed Forces and other military formations in a special period.
Block 3. Enterprises, institutions and organisations that are critical to the functioning of the economy and the livelihoods of the population during the special period.
Block 4 Specialised UN agencies, international judicial bodies, international and non-governmental organisations and institutions of which Ukraine is a member, participant or observer, in accordance with the international agreements concluded by Ukraine.
The submission of documents for the reservation of persons liable for military service is carried out in accordance with the Procedure for Reservation of Persons Liable for Military Service according to the List of Persons Liable for Military Service during Martial Law, Resolution of the Cabinet of Ministers of Ukraine No. 76 dated 27.01.2023 (as amended by Resolution of the Cabinet of Ministers of Ukraine No. 650 dated 05.06.2024).
The list shall be submitted directly to the regional military administration by those enterprises, institutions and organisations for which the regional administration has made a decision to determine such enterprises, institutions and organisations as critical for the functioning of the economy and ensuring the vital activity of the population during the special period.
The list is submitted electronically through the Diia Portal (if technically possible) in accordance with the Procedure for booking through the Unified State Web Portal or in paper and/or electronic form in the form according to Annex 1 (as amended by CMU Resolution No. 650 of 05.06.2024), together with the relevant justification and a certificate of the number of persons liable for military service in the form according to Annex 2 (as amended by CMU Resolution No. 650 of 05.06.2024).
The justification shall include
date of adoption and number of the decision of the central executive body, regional, Kyiv and Sevastopol city state administration (military administration, if established) to determine the enterprise, institution and organisation as critical for the functioning of the economy and ensuring the vital activity of the population during a special period,
information on the correspondence of the personal data of persons liable for military service specified in the list to their military registration documents, as well as their updating of their data on military registration in accordance with clause 2 of Section II “Final and Transitional Provisions” of the Law of Ukraine No. 3633-IX of 11 April 2024 “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilisation and Military Registration”.
The number of persons liable for military service who hold positions at an enterprise, institution or organisation and are subject to reservation in accordance with the law should not exceed 50 per cent of the number of persons liable for military service at such enterprise, institution or organisation as of 18.05.2024, and in case of an increase in the number of persons liable for military service at the said enterprise, institution or organisation – as of the date of submission of the lists, in particular those formed after 18.05.2024.
The restriction on the number of persons liable for military service subject to reservation does not apply to
enterprises, institutions and organisations of the fuel and energy complex and their contractors that carry out construction, repair, restoration, manufacture and/or supply of equipment, provide services, carry out other engineering and technical measures aimed at the uninterrupted functioning of the unified energy system and the gas transmission system of Ukraine during a special period, the list of which is approved by the Ministry of Energy;
enterprises, institutions and organisations servicing life support systems and their contractors, including those engaged in the construction, repair and/or placement of gas piston and gas turbine units, including cogeneration, block-modular boiler houses, diesel/gasoline and gas generators, as well as related electricity, heat, gas, water supply networks, metering units, other related equipment during the special period, the list of which is approved by the Ministry of Infrastructure;
technical employees included by the order of the head of the enterprise in the emergency repair teams of enterprises (providers of electronic communication services and/or networks and their contractors that carry out maintenance, repair, restoration of electronic communication networks) that ensure the operation of electronic communication networks during blackouts and perform emergency restoration work of electronic communication networks in the territories of Dnipro, Donetsk, Zaporizhzhia, Kyiv, Luhansk, Mykolaiv, and Mykolaiv regions
enterprises that perform the functions of the technical administrator of the Unified State Web Portal of Electronic Services, the fund that provides financial support (grants) to ensure the development of innovations and technologies for defence needs in accordance with the Resolution of the Cabinet of Ministers of Ukraine of 8 March 2024 No. 262 “Some issues of ensuring the development of innovations and technologies for defence needs” (Official Gazette of Ukraine, 2024, No. 27, p. 1734), and enterprises that have been provided with the said financial support (grants) for the period of execution of the grant agreement, the list of which is approved by
enterprises, institutions and organisations that carry out work on the construction of fortifications, the list of which is approved by the regional military administrations in agreement with the Ministry of Defence;
enterprises, institutions and organisations that are determined by the Ministry of Strategic Industry to be critical for the functioning of the economy in a special period, in the defence industry;
The postponement of conscription may not exceed 12 months for employees of enterprises, institutions and organisations that are critically important for the functioning of the economy and the vital activity of the population during a special period.
In order for an enterprise, institution or organisation (hereinafter referred to as the “enterprise”) to obtain the status of a critical enterprise for the functioning of the economy and ensuring the vital activity of the population during a special period, the enterprise must meet the criteria approved by the Government Resolution No. 76 of 27 January 2023, namely
1) the total amount of taxes, duties and fees accrued, withheld and paid to the state and local budgets, except for customs duties, during the reporting tax year exceeds the equivalent of EUR 1.5 million;
2) the amount of receipts in foreign currency, except for loans and borrowings, for the reporting tax year exceeds the equivalent of EUR 32 million;
3) the enterprise is of strategic importance for the economy and security of the state in accordance with the list of state-owned objects of strategic importance for the economy and security of the state, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 83 dated 4 March 2015;
4) the enterprise is important for a sector of the national economy or for meeting the needs of the territorial community. In order to meet this criterion, the Lviv Regional Military Administration’s order of 28.02.2023 No. 101/0/5-23VA (as amended on 28.06.2024 No. 576/0/5-24VA) sets out the following criteria
1) the company has paid taxes and fees to the general fund of the territorial community budget for the previous year in the amount of not less than
0.5% of the budget of the territorial community, if the community’s tax capacity index is equal to or greater than 1;
1% of the amount of the territorial community budget, if the community’s tax capacity index is between 0.5 and 0.999;
1.5% of the amount of the territorial community budget, if the community’s tax capacity index is 0 to 0.499;
2) the actual number of employees of the enterprise (including mobilised employees) for the last calendar quarter preceding the date of the enterprise’s application is equal to the number of employees employed by the enterprise as of the end of the fourth quarter of 2023 or has increased;
3) the number of employees of the enterprise from among internally displaced persons at the end of the last calendar quarter preceding the date of the enterprise’s application is 5% of the total number of employees of the enterprise or more;
4) the company carries out agricultural activities for the cultivation of
fruit crops, the volume of production (gross harvest) of which for the previous year is 750 kg (75 tonnes) or more;
or berry crops or grapes, the volume of production (gross harvest) of which for the previous year is 250 kg (25 tonnes) or more;
or vegetable crops, the volume of production (gross harvest) of which for the previous year is 1500 cwt (150 tonnes) or more;
or cereals, the volume of production (gross harvest) of which for the previous year is 5000 tonnes (500 tonnes) or more;
or oilseeds, the volume of production (gross harvest) of which for the previous year is 2500 centners (250 tonnes) or more;
or cattle with an average annual number of cows of 50 heads or more;
5) the company is an operator of a critical infrastructure facility included in the Register of Critical Infrastructure Facilities;
6) the company carries out foreign economic activity and exported 30% or more of the products manufactured or subjected to sufficient processing or handling by the company in the previous year;
7) the company has no wage arrears, taxes and duties for the previous year and the total number of employees of the company (including mobilised employees) at the end of the last calendar quarter preceding the date of application is 40 or more;
8) the main activity of the enterprise is the production of products or wholesale or retail trade in food products in amounts equal to or exceeding UAH 100 million per year (for the previous year);
9) the average salary of the insured persons – employees of the company for the last calendar quarter preceding the date of the company’s application is not less than the average salary in Lviv region for the fourth quarter of 2021 multiplied by the coefficient of the total inflation rate in Lviv region for the period from January 2022 to December 2023 – 1.314.
The Company confirms its compliance with the criterion set out in
subparagraph 1 of paragraph 1 of these Criteria – a certificate from the territorial community on payment of taxes and fees to the general fund of the territorial community budget for the previous year;
subparagraph 2 of paragraph 1 of these Criteria – a certificate (extract/extract) from the Main Department of the State Tax Service in Lviv region or its territorial body or copies for the fourth quarter of 2023 and the last calendar quarter preceding the date of the company’s application, the form of Tax calculation of the amounts of income accrued (paid) in favour of individual taxpayers and the amounts of tax withheld from them, as well as the amounts of accrued single contribution, approved by the Order of the Ministry of Finance of Ukraine dated 13 January 2015 No. 4 (as amended by the Order of the Ministry of Finance of Ukraine dated 02 March 2023 No. 113), registered with the Ministry of Justice of Ukraine on 30 January 2015 under No. 111/26556, and duly certified copies of orders on dismissal of employees of the enterprise in connection with call-up for military service during mobilisation (if any);
sub-clause 3 of clause 1 of these Criteria – duly certified copies of orders on employment of internally displaced persons, copies of certificates of registration of employees from among internally displaced persons, certificate (extract/extract) from the Main Department of the State Tax Service in Lviv region or its territorial body or a copy of the Tax calculation form of income amounts, accrued (paid) in favour of individual taxpayers and the amounts of tax withheld from them, as well as the amounts of accrued single contribution, approved by the order of the Ministry of Finance of Ukraine dated 13 January 2015 No. 4 (as amended by the order of the Ministry of Finance of Ukraine dated 2 March 2023 No. 113), registered with the Ministry of Justice of Ukraine on 30 January 2015 under No. 111/26556, for the last calendar quarter preceding the date of the company’s application;
subparagraph 4 of paragraph 1 of these Criteria – a copy of the report in the form of state statistical observation No. 29-сг (annual) “Report on the area and gross harvest of agricultural crops, fruits, berries and grapes”, approved by the order of the State Statistics Service of Ukraine No. 110 dated 14 March 2023, for the previous (reporting) year (for enterprises that grow grapes, fruit, berry, vegetable grains and oilseeds) or a copy of the report in accordance with the state statistical observation form No. 24 (annual) “Report on the production of livestock products, the number of farm animals and the provision of their feed”, approved by the Order of the State Statistics Service of Ukraine No. 109 dated 14 March 2023, for the previous (reporting) year (for enterprises that grow cattle);
subparagraph 5 of paragraph 1 of these Criteria – a copy of the letter from the sectoral body in the field of critical infrastructure protection confirming the inclusion of the facility in the Register of Critical Infrastructure Facilities;
sub-clauses 6 and/or 8 of clause 1 of these Criteria – a copy of the tax returns for the previous (reporting) year;
subparagraph 7 of paragraph 1 of these Criteria – a certificate (extract/extraction) from the Main Department of the State Tax Service in Lviv region or its territorial body and the enterprise, a copy of the form of Tax calculation of the amounts of income accrued (paid) in favour of individual taxpayers and the amounts of tax withheld from them, as well as the amounts of accrued single contribution, approved by the Order of the Ministry of Finance of Ukraine dated 13 January 2015 No. 4 (as amended by Order of the Ministry of Finance of Ukraine No. 113 dated 2 March 2023), registered with the Ministry of Justice of Ukraine on 30 January 2015 under No. 111/26556, and the state statistical observation form No. 3-Debt (monthly) “Report on wage arrears”, approved by the Order of the State Statistics Service of Ukraine No. 195 dated 23 June 2022, for the last calendar quarter preceding the date of the company’s application, and duly certified copies of orders to dismiss employees of the company in connection with the call-up for military service during mobilisation (if any);
subparagraph 9 of paragraph 1 of these Criteria – a certificate issued by the company.
An enterprise shall be deemed to be of importance for a sector of the national economy or to meet the needs of the territorial community in a special period if it meets
three or more criteria set out in clause 1 of these Criteria;
5) absence of arrears in the payment of a single contribution to the obligatory state social insurance;
6) the average salary of insured employees at the enterprise for the last calendar quarter is not less than the average salary in the region for the fourth quarter of 2021
7) the company is a resident of Diia City.
The basis for making a decision on determining an enterprise as critical is compliance with three or more criteria.
The basis for making a decision on determining an enterprise as critical is compliance with two or more criteria for such enterprises:
enterprises, institutions and organisations of the fuel and energy complex, managers of apartment buildings – legal entities (business entities), state-owned enterprises of assay control and enterprises, institutions and organisations that provide services and works on the operation and comprehensive maintenance of property of public authorities;
enterprises, institutions and organisations operating in the field of healthcare, veterinary medicine, education and science, physical culture and sports, social protection (with inclusion in the Register of Providers and Recipients of Social Services) and belonging to the state or municipal form of ownership with inclusion in the Register of Non-Profit Institutions and Organisations or maintained at the expense of the state or local budget, or providing free services to the population necessary for ensuring the vital activity of the population on a regular basis;
linear audiovisual media that carry out terrestrial multichannel (digital) television broadcasting using radio frequency resources, the programme content of which consists mainly of information and/or information and analytical programmes, or that are involved in the warning system, and their affiliates, as well as state and municipal cultural institutions;
enterprises, institutions and organisations engaged in international transportation of passengers and/or goods, enterprises, institutions and organisations engaged in transportation of passengers on public bus routes and/or goods, and carriers of urban electric transport.
Procedure for determining enterprises that are critical for the functioning of the economy and ensuring the vital activity of the population during a special period:
An enterprise that meets the established criteria submits an application to the Lviv Regional Military Administration using the sample form in Annex 1.
Applications are sent to the Lviv Regional Military Administration by e-mail: [email protected] or to the postal address: 18 Vynnychenka St., Lviv, 79008.
Please note that applications sent to the Lviv Regional Military Administration by e-mail must contain an electronic signature (EDS).
The application must be accompanied by documents confirming compliance with the criteria. The list of documents that serve as confirmation of compliance with each criterion can be found in Annex 2.
The applications received by the Lviv Regional Military Administration are reviewed by the Interdepartmental Commission for determining enterprises, institutions and organisations critical to the functioning of the economy and the vital activity of the population in a special період, after which the Head of the Lviv Regional Military Administration makes a decision based on the relevant proposals and recommendations.
Companies are notified in writing of the results of the consideration of the appeal and the decision taken by the Lviv Regional Military Administration.
Sample application
List of documents