Booking of employees of defense industry enterprises: criteria and documents

The Ministry of Strategic Industries of Ukraine has updated the criteria for determining enterprises as being of importance to the national economy. Compliance with these criteria becomes the basis for further reservation of employees liable for military service for the period of mobilization and wartime.

It should be noted that the Ministry of Strategic Industries is not directly involved in the reservation of employees, but only determines the criteria and compliance of the documents submitted by the company with these criteria. In line with the challenges of wartime, the Ministry has updated these criteria and the algorithm of actions.

There are two options for booking: from 50% of employees liable for military service and up to 50% inclusive.

Below, we explain in more detail the criteria, the algorithm of actions and the list of documents that must be submitted by the company to confirm compliance with these criteria.

Option 1

From 50% of employees, regardless of military specialty.

This refers to enterprises, institutions and organizations that produce goods for the military, develop, modernize and repair military and special equipment and spare parts, manufacture ammunition and other defense products. They must meet both criteria.

Criteria:

1. The company must be in the process of fulfilling a contract with a state defense customer or be a co-executor of such a contract.

2. More than 50% of the total production volume is defense-related goods, works and services (for the last reporting period).

Option 2

Up to 50% of employees are liable for military service (inclusive).

For companies operating in the industrial, aircraft and space sectors. Must meet three of the five criteria below.

Criteria:

1. The company must be in the process of fulfilling a contract with a state defense customer or be a co-executor of such a contract.

2. More than 50% of the total production volume is defense-related goods, works and services (for the last reporting period).

3. The company must be included in the electronic register of participants in the selection and execution of state contracts (agreements), in accordance with the Law of Ukraine dated 17.07.2020 No. 808-IX "On Defense Procurement";

4. The company shall participate in the implementation of tasks and activities provided for by state target programs in the aircraft industry and in the field of space activities;

5. The company must produce goods, perform works and provide services for defense industry enterprises (which, in turn, use them to produce defense goods).

The decision on the company's compliance with these criteria is made by a working group formed by the Ministry of Strategic Industry and representatives of other interested state authorities.

Algorithm of actions

for enterprises to book employees (the same for both options):

- Sends a letter of application to the Ministry of Strategic Development and Trade with the documents listed below to confirm compliance with these criteria;

- Based on the results of the review, the Ministry of Strategic Development makes an appropriate decision in accordance with the requirements of the Order of the Ministry of Strategic Development dated 23.02.2023 No. 27.

- Further actions - in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated January 27, 2023.

For defense companies: if the company meets the criteria and the Ministry of Strategic Industry makes a decision, it is recognized as critical for the functioning of the economy and ensuring the livelihoods of the population during a special period. This is the basis for further booking.

For enterprises in the industrial, aircraft and space sectors, the decision to meet the criteria is one of the steps towards booking. This process is described in detail in the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated January 27, 2023.

The list of documents

Criterion 1

- information on the state contract (agreement) concluded by the company with the state customer in the field of defense, which is in the process of execution, or on the involvement of the company on the basis of agreements, including foreign economic agreements (contracts), in the execution of such a state contract (agreement)

- a letter from the state customer in the field of defense confirming the conclusion of a state contract (agreement) with the enterprise, which is in the process of execution, and in case of engagement of the enterprise on the basis of agreements, including foreign economic agreements (contracts), to the execution of such state contract (agreement) - a letter confirming its engagement;

- if the enterprise, institution or organization is a co-executor of the state contract (agreement), in addition to the above information, it is necessary to indicate the date, number and term of the agreement on the basis of which the enterprise is involved in the execution of the state contract (agreement).

Such information must include the number and date of the state contract (agreement); its validity period; and the name of the state customer.

Criterion 2

1) state-owned enterprises, institutions and organizations must attach to the application

- a report on the implementation of the financial plan for the relevant period (quarter, year);

- information confirmed and agreed by the state customer on the confirmation of the volume of production of goods, performance of works, provision of defense services, namely: the name of the type of product according to the Nomenclature of Industrial Products (NIP); product code according to the NIP; quantity of products manufactured (gross production);

2) enterprises, institutions and organizations of private ownership must attach to the application:

- a report on the production and sale of industrial products for the previous year;

- information confirmed by the state customer on the confirmation of the volume of production of goods, performance of works, provision of defense services, namely: the name of the type of product according to the Nomenclature of Industrial Products (NIP); product code according to NIP; quantity of products manufactured (gross production).

Please find attached theinformation that may be required: zrazki-dokumentiv-do-kriteriyu-2.pdf ( .pdf , 814.61 Kb )

Criterion 3

- Information on the order of the Ministry of Strategic Industry on the inclusion of an enterprise, institution and organization in the electronic register of participants in the selection and execution of state contracts (agreements) in accordance with the Law of Ukraine of 17.07.2020 No. 808-IX "On Defense Procurement", Resolution of the Cabinet of Ministers of March 17, 2021 No. 233.

To enter an enterprise into the electronic register of participants in the selection and execution of state contracts (agreements), enterprises, institutions and organizations apply to the Ministry of Strategic Industry with the relevant list of documents.

Criterion 4

- information on the state target program in the aircraft industry and in the field of space activities, in which the enterprise, institution and organization is involved.

Criterion 5

- information about the contract (agreement) concluded with the enterprise that is in the process of fulfilling the state contract (agreement) for the industrial production of goods, performance of works and provision of services used by the executor of the state contract (agreement) for the production of defense goods;

- a letter from the executor of the state contract (agreement) on contractual relations with the enterprise regarding the industrial production of goods, performance of works and provision of services used for the manufacture of defense goods.

Such data must contain information on the number and date of the contract (agreement); its validity period; and the name of the state customer.

Addresses:

• in electronic form (must be accompanied by an electronic digital signature): minstrateg@mspu.gov.ua;

• in paper form: 21/23 Ivan Franko St., Kyiv, 01054.

Telephone for inquiries: (044) 298 08 71 (08:30-17:30).

For more details, please refer to the Order of the Ministry of Strategic Industries No. 27 dated 23.02.2023 and the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated January 27, 2023.