The government by two resolutions of November 29 - a resolution № 1361 and resolution № 1362 introduced changes to the Criteria and procedure for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, as well as critically important for meeting the needs of the Armed Forces and other military formations in a special period.
Which bodies will determine criticality
Resolution No. 1361 specifically concerns enterprises and organizations that provide for the needs of the Armed Forces. It sets out points 9 and 10 of the Criteria in the new version. Namely, from now on the Ministry of Defense can define as critical for meeting the needs of the Armed Forces and other military formations in a special period:
- enterprises, institutions and organizations that perform state contracts (agreements) on the purchase of defense goods, works and services concluded with the Ministry of Defense (including its services of the state customer) or the State Special Transport Service (including its services of the state customer), or an intelligence agency Ministry of Defense (including its independent structural units);
- enterprises, institutions and organizations involved as co-executors and participating in the execution of state contracts (agreements) on the purchase, supply, repair and modernization of armaments, military and special equipment, weapons and ammunition with the approval of the Ministry of Defense (including its state services the customer) or the State Special Transport Service (including its services of the state customer), or the intelligence body of the Ministry of Defense (including its independent structural subdivisions);
- enterprises, institutions and organizations that provide training, retraining and advanced training of external pilots (operators) of unmanned robotic systems and external crews of unmanned robotic systems in the interests of the security and defense forces of Ukraine, if the volume of the mentioned services for the last 12 months before the date of submission of the application is not less than 100 trained pilots of unmanned aircraft complexes (unmanned aerial vehicles, in particular FPV type) I and II classes or at least 200 pilots of unmanned aircraft systems (unmanned aerial vehicles) of the first "micro" class (except for the FPV type) per conscript, which is offered for reservation for the period of mobilization and for wartime;
- enterprises, institutions and organizations that carry out training, retraining and advanced training in electronic warfare in the interests of the security and defense forces of Ukraine, if the volume of the mentioned services for the last 12 months before the date of submission of the application is at least 150 trained specialists per one conscript, which offered for reservation for the period of mobilization and for wartime;
- enterprises, institutions and organizations that provide training, retraining and advanced training of servicemen in pre-medical care in the interests of the security and defense forces of Ukraine according to programs approved by the General Staff of the Armed Forces or the Ministry of Defense, based on 96 completed courses in pre-medical care for the past period, no less than as 12 months before the date of submission of the application for one conscript, which is offered for reservation for the period of mobilization and for military time, or based on the calculation of 24 completed courses on the basic level of advanced pre-medical care for the past period, at least 12 months before the date of submission of an application for one conscript, which is offered for reservation for the period of mobilization and for wartime;
- legal entities under private law, the founding documents of which define charitable activities in one or more areas defined by the Law "On Charitable Activities and Charitable Organizations", which carry out the production/purchase of goods, the performance of works and the provision of services necessary to meet the needs of the Armed Forces, other military formations, if their volume for the last 12 months before the date of submission of the application is at least 10 million hryvnias of assistance per conscript, which is offered for reservation for the period of mobilization and for wartime.
In turn, the central bodies of the executive power that manage the relevant military formations (except the Armed Forces) formed in accordance with the laws of Ukraine, as well as the Security Service of Ukraine, can identify as critically important enterprises, institutions and organizations that perform state contracts (agreements) to meet the needs of other military formations concluded with state customers in the field of defense, defined in the fourth paragraph of item 2 of the Cabinet of Ministers resolution dated March 3, 2021. No. 363 "Issues of defense procurement", in whose interests they manufacture these goods, perform works, and provide services.
The Ministry of Strategy and Industry will also have the relevant authority to determine the critical importance - in relation to enterprises, institutions and organizations that perform state contracts (agreements) for the production of unmanned systems (unmanned aircraft complexes, unmanned aerial vehicles, unmanned ground (robotic) complexes, unmanned water (floating) complexes) , weapons, military and special equipment, ammunition, their components and other defense goods appointment by order of the State Special Communications Administration, other state customers in the field of defense (including their services of the state customer).
Enterprises, institutions and organizations, the criticality of which is determined by the Ministry of Strategy and Industry on the basis of notifications from the State Special Communications Administration, other state customers in the field of defense on the conclusion of a state contract (agreement) for the manufacture and supply of unmanned systems (unmanned aircraft complexes, unmanned aerial vehicles, unmanned ground (robotic) ) complexes, unmanned water (floating) complexes), other defense goods with such enterprises, institutions and organizations within five working days from the date of receipt of the notification.
Such notifications are submitted to the Ministry of Strategy and Industry by the State Special Communications Administration, other state customers in the field of defense in paper and/or electronic form. If it is technically possible, the notification can be submitted by means of the Unified state web portal of electronic services.
What is the procedure?
In order to determine enterprises, institutions or organizations that are critical for meeting the needs of the Armed Forces and other military formations in a special period, such enterprises, institutions and organizations apply to the Ministry of Defense, the Ministry of Strategic Industry and the other above-mentioned bodies. Corresponding justifications are attached to the appeal.
The relevant bodies to which an appeal from an enterprise, institution or organization has been received are obliged to consider it within a period of no more than 10 working days from the day of its receipt and, based on the results of the consideration, make one of the following decisions:
- on the determination of an enterprise, institution or organization as critical for meeting the needs of the Armed Forces and other military formations in a special period;
- about refusal
The status of critically important enterprises, institutions and organizations is acquired simultaneously from the day of the issuance of the order on the determination of the enterprise, institution or organization as critically important for meeting the needs of the Armed Forces and other military formations in a special period, which must contain:
- information about the legal entity code according to the EDRPOU;
- tax number of the taxpayer; full and abbreviated name of the enterprise, institution, organization;
- criteria to which the enterprise, institution, organization meets.
The refusal decision must contain a justification for non-compliance with the criteria.
The body that made the decision to identify the enterprise, institution, organization as critically important, if necessary, conducts a check of compliance of the enterprise, institution, organization that is determined to be critically important for meeting the needs of the Armed Forces, other military formations in a special period, with the criteria specified in clauses 9 , 11 of these Criteria and order, during the activity of the enterprise, institution, organization from the date of adoption of the decision to define them as critically important.
Based on the results of the inspection, in accordance with the first paragraph of this clause, the body makes one of the following decisions:
- about the non-compliance of the enterprise, institution, organization with the criteria, as well as canceling their status of critical importance for meeting the needs of the Armed Forces and other military formations in a special period;
- on compliance with the criteria, and defining them as critically important for meeting the needs of the Armed Forces and other military formations in a special period.
In order to confirm the status of critical importance for meeting the needs of the Armed Forces and other military formations in a special period, enterprises, institutions and organizations specified in Clause 9 of these Criteria and Procedures shall, at least once a year, provide appropriate justification to the body that made the decision on identification of such enterprises, institutions and organizations as critically important.
An extract from the order on the determination of critical importance is sent by the relevant body to the Ministry of Economy.
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