Updated criteria for the status of critically important enterprises: how to proceed in 2025?

In 2025, critically important enterprises, institutions, and organizations in Ukraine had to face updated criteria for determining their status—this raised significant questions about the need to reconfirm an already assigned status. Following changes adopted by Order No. 471 of the Ministry of Economy dated 11.09.2025 and a series of CMU resolutions, a legal vacuum arose: some companies were required to update their document package, while others received official clarifications that such a need was absent.

New criticality criteria: key changes
Since 2025, a unified list of criteria applies to define “critical” employers. Most industry and monopoly indicators previously in force were abolished, while new sectoral/special conditions were introduced for agro, forestry, and ecological branches. For private companies, there is a mandatory requirement for no arrears in social and tax payments, as well as a minimum salary threshold (20,000 UAH for the last quarter). Enterprises with foreign (including minority) capital face restrictions—even one owner under sanctions precludes critical status.

Is it necessary to reconfirm existing status?
According to the official position of the Ministry of Economy and profile associations as of October 2025, the previously granted critical enterprise status remains valid. Reconfirmation or resubmission of documents is not needed for companies that received a positive decision before the amendments. However, in certain cases local authorities or relevant ministries may initiate a request to update data for compliance with new criteria, about which each enterprise will be notified individually.

Correspondence practices and controversial situations
Paradoxically, government e-cabinets (DAR, Diia) send out reminders about the need to renew status after changes, while the Ministry of Economy publicly states that resubmission is not mandatory. Enterprises are advised to retain all official notices, copies of correspondence, and seek additional clarification if demands are issued by sectoral ministries.

Loss of status and reservation risks
A notable innovation: if the critical status is not confirmed within a year, or if an enterprise fails to apply for compliance after a reminder, it loses the right to reserve employees. The new system provides for automatic monitoring by sectoral authorities with the ability to cancel status or reservation via the “Diia” app.

Action algorithm for enterprises

1. Track official clarifications from the Ministry of Economy, relevant ministry, local administration.
2. Upon receiving a personal letter requesting reconfirmation, prepare an updated document package (certificate of arrears, salary, registry extracts).
3. If the validity of the previous decision is expiring, submit documents for renewal 30–45 days prior to expiry.
4. For new applicants, strictly follow the updated criteria and standard application procedures.
5. For disputable issues, appeal to lawyers or seek clarification through business associations at the national level.

Sector nuances
For agricultural, forestry, and ecological enterprises, differentiated criteria apply, considering unique industry classifications and state funding for certain projects. For IT, pharma, and logistics, the focus remains on strategic products, contracts with the Ministry of Defense, or critical infrastructure status.

Conclusions: steps for business
Most enterprises with status approved before September 2025 are not required to resubmit documents automatically. In the event of an individual government authority request or order expiration, act according to the renewed criteria. Regulatory updates have increased transparency and made manipulation with critical status more difficult but have also increased the administrative burden for business.

Svitlana Krutorohova – attorney at WINNER Law Firm.
If you have any questions or issues related to deferment (military reservation), feel free to request a professional consultation.