The Cabinet has expanded the criticality criteria

The Cabinet has supplemented the reservation system with another important element: enterprises deemed critically important for the needs of the Armed Forces of Ukraine (AFU) may now include not only traditional defence plants but also companies that effectively “serve the front” through logistics, equipment repair and procurement.
Which criteria were expanded
The government has amended the criteria under which enterprises, institutions and organisations are recognised as critically important for meeting the needs of the AFU, adding a separate category of companies that perform contracts for the commands of specific branches or types of the Armed Forces.
This covers enterprises that:
· transport military cargo;
· carry out repair, maintenance and operation of weapons, military and special equipment, ammunition and their components;
· purchase defence‑related goods required to service such equipment.
In effect, the state acknowledges that combat readiness depends not only on weapons production but also on the entire chain of supply, maintenance and logistics, without which even the best equipment will not function.

Link to reserving conscripts
The status of a “critically important” enterprise is directly linked to the ability to reserve employees from mobilisation under Procedure No. 76: only such enterprises may retain part of their key personnel at their workplaces.
Previously, priority was given mainly to defence‑industry and critical‑infrastructure entities, while logistics, repair and service companies performing defence contracts did not always fit the formal criteria.
The expanded list makes it possible to:
· secure for these companies the right to reserve qualified conscript employees;
· avoid situations where mass mobilisation critically disrupts repair, maintenance and transportation for the army;
· manage human resources more flexibly between the front line and the rear.

What this means for business
For businesses working on defence contracts, there is now an opportunity to formalise their real role in supporting the AFU and obtain official status as a critically important enterprise.
Practical implications include:
· a lawful mechanism to reserve key engineers, mechanics, drivers, logisticians and procurement specialists;
· greater predictability of operations, with a lower risk of contract disruption due to staff shortages;
· stronger bargaining positions in dealings with customers and banks, as critically important status can be an argument for financing or payment deferrals.
At the same time, the mere fact of working with the military does not guarantee automatic inclusion in the list: an enterprise must prove that it performs the specific types of contracts covered by the new criteria and provide supporting agreements, volumes of work and evidence of its significance for defence.

Risks and “weak spots”
The broader criteria also increase business responsibility:
· compliance monitoring of defence contracts may intensify, particularly from the Ministry of Defence, the Ministry of Economy and supervisory authorities;
· there may be claims about unjustified status or abuse of reservation mechanisms (for example, when companies try to “hide” non‑essential staff under critical positions).
Therefore, enterprises should in advance:
· put their contract records and performance documentation in order;
· clearly define the functions of reserved employees in internal documents;
· prepare for possible audits of the grounds for their critical‑status designation.

Strategic effect for defence
From the state’s perspective, these changes are intended to strengthen the “rear architecture” of defence by:
· protecting enterprises that provide logistics, repair and servicing of equipment;
· preventing breaks in supply and repair chains due to workforce losses;
· encouraging businesses to engage more actively in defence projects with clearer rules and reservation opportunities.
In wartime, this is a step towards a more systemic understanding of defence capability: critically important are recognised not only those who manufacture weapons but also those who ensure their delivery, maintenance and readiness for use every day.

If you have questions or issues related to obtaining critically important status for AFU needs, reserving employees under Procedure No. 76 or preparing documentation for the Ministry of Defence and the Ministry of Economy, seek professional legal assistance — timely advice will help you formalise the status correctly, minimise audit risks and protect your business interests.
Author – Svitlana Krutorohova, attorney at WINNER Law Firm.