At the beginning of a full-scale invasion, it was especially important to ensure economic stability and food security. Therefore, farmers who needed to sow had the opportunity to reserve their workers. In the spring of 2022, this could be done quite easily, but then the procedure was complicated and it became more difficult to book employees. On January 27, 2023, the Government adopted a new reservation procedure and criteria for determining enterprises of critical importance for the economy.
The procedure provides for the possibility of booking conscripts who work for:
- enterprises for which mobilization tasks (orders) have been set;
- enterprises that manufacture goods for the Armed Forces or other military formations;
- enterprises that are critically important for the functioning of the economy and ensuring the livelihood of the population.
Some features of booking:
- it is possible to reserve 50% from all conscripts working at the enterprise. A larger amount must be separately substantiated;
- the reservation period is 6 months. Then you need to continue the reservation;
- everyone applying for a reservation must have either a temporary conscription card or a military ID. Those who have not changed their registration certificate to a conscript certificate must first go to the recruitment center and change it. Only after replacement can this employee be submitted for booking;
- it is not possible to reserve employees who have a shortage of military specialties.
As for enterprises that have been assigned mobilization tasks, they submit the list to the body that set the mobilization task.
If the company meets the needs of the Armed Forces, the list is submitted to the Ministry of Defense.
However, not all farmers have signed contracts with the ZSU, so we will talk further about how to reserve workers due to criteria of critical importance for the economy.
Reservation of employees of critical enterprises
In order to receive the status of a critically important enterprise, in particular, in the field of agriculture, it is necessary to meet three or more criteria among the following:
1) the total amount of taxes, fees, except customs payments, during the reporting tax year exceeds the equivalent of 1.5 million euros;
2) the amount of receipts in foreign currency, except for credits and loans, for the reporting tax year exceeds the equivalent of 32 million euros;
3) the enterprise has strategic importance for the economy and security of the state in accordance with the list of state-owned objects;
4) the enterprise is important for the branch of the national economy or meeting the needs of the territorial community;
5) the enterprise does not have arrears for the payment of the EUS;
6) the average salary of the employees of the LLC for the last quarter is not less than the average salary in the region for the IV quarter of 2021. For the city of Kyiv, it is UAH 22,795. For other regions here: https://ukrstat.gov.ua/operativ/operativ2005/gdn/reg_zp_m/reg_zpm_u/arh_zpm_u.htm
For reservations, it is necessary to show information for the quarter, so at least 3 months must pass from the moment of salary increase to the submission of documents for the reservation of employees.
7) the enterprise is a resident of Diya City.
As we can see, the majority of small and medium-sized agribusiness does not meet many criteria, because few small entrepreneurs pay 1.5 million euros in taxes per year. For such enterprises, you can choose the criteria of the average salary and the absence of arrears in the payment of EUV. It is also necessary to consider the criterion of importance for the branch of the national economy (agriculture).
To determine compliance with this criterion, the Ministry of Agrarian Policy adopted Order No. 223 dated February 21, 2023, which establishes the following requirements:
1) enterprises cultivate agricultural lands designated on an area of at least 1,000 hectares or have at least 50 insured employees;
2) the main type of activity as of January 1, 2022 is KVED, which is specified in this order (the order contains a list of KVEDs).
That is, for a small and medium-sized agricultural producer, you can book your employees if the enterprise cultivates at least 1,000 hectares, or if the enterprise employs at least 50 people. Also, the average salary in the enterprise must be at least the average in the region, and the enterprise has no debt for the payment of social security.
It is important to understand that agribusiness can be recognized as critically important not only because of its importance for the sector of the national economy, but also because of its importance for the territorial community. Therefore, it is also necessary to analyze regulatory documents adopted by local authorities. For example, such criteria have already been adopted by the Lviv Regional Military Administration and the Kyiv Regional State Administration.
How to submit documents?
Business for receiving the status of critical importance in the field of agriculture appeals to the Ministry of Agrarian Policy.
You need to apply only through the State Agrarian Register (GIFT). Copies of documents confirming the company's compliance with the criteria are attached to the application.
Based on the results of consideration of the appeal, the Ministry of Agrarian Policy makes a decision either on compliance with the criteria or on non-compliance.
This status must be confirmed at least once a year.
After receiving such a decision, the enterprise submits the reservation list to the Ministry of Agrarian Policy through the reservation office. A list on a special form, a certificate on the number of conscripts and the corresponding justification, which contains information on the decision to recognize the enterprise as critical, are submitted. After approval of the lists by the Ministry of Defense and the General Staff, the enterprise needs to obtain an extract from the reservation order and apply to the TCCSP (military registry) to enter the reserved employees in a special military register and receive a postponement from mobilization.
The material was prepared for the Association "Berry Growing of Ukraine"
