Some institutions can obtain critical status without meeting the salary requirement: what is needed for this
Non-profit organizations applying for the status of critically important to meet the needs of the Armed Forces of Ukraine by providing assistance to the military in the amount of over 10 million UAH are not required to meet the average employee salary requirement of at least three minimum wages.
According to the Resolution of the Cabinet of Ministers of Ukraine dated January 27, 2023, No. 76, if a charitable organization submits documents to obtain critically important status based on item 9 of Criteria No. 76, the requirement for an average salary of at least three minimum wages is not mandatory.
The relevant salary criterion is provided in item 2 of the Criteria, which determine enterprises, institutions, and organizations critically important for the functioning of the economy and ensuring the livelihood of the population during a special period, as well as for meeting the needs of the Armed Forces of Ukraine and other military formations.
At the same time, item 9 of Criteria No. 76 provides a separate basis for recognizing an organization as critically important for meeting the needs of the Armed Forces of Ukraine. This concerns private law legal entities whose founding documents define charitable activities in the areas stipulated by the Law of Ukraine "On Charitable Activities and Charitable Organizations."
Such organizations can be designated as critically important by the Ministry of Defense of Ukraine if they produce or purchase goods, perform work, or provide services necessary to meet the needs of the Armed Forces of Ukraine and other military formations, and the volume of assistance over the last 12 months prior to the application date amounts to at least 10 million UAH per one conscript proposed to be reserved during mobilization and wartime.
As previously reported by the "Judicial and Legal Newspaper", with the adoption of CMU Resolution No. 862, the government introduced further adjustments to the basic reservation rules defined by Resolutions No. 76 and No. 692. The main goal of the changes, according to the Cabinet of Ministers, is to strengthen energy security, support defense IT projects, and eliminate gaps in the accounting of conscripts who have multiple grounds for deferral.
The new rules create a new timeframe for businesses: most existing criticality decisions will remain valid only until September 1, 2026, unless enterprises confirm their compliance with the new criteria.
The government regulated the issue of double accounting of conscripts. According to the new wording of item 12 of Procedure No. 76, employees who have deferrals for other reasons provided by Article 23 of the Mobilization Law or who work part-time at several critical enterprises are now counted in the total number of conscripts only at one place of work. The selection criterion is the place of work with the longest employment relationship. This rule comes into effect on July 3, 2026.
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