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New Rules for Reserving Employees: What Has Changed for Critically Important Enterprises

On October 27, 2026, Resolution of the Cabinet of Ministers of Ukraine No. 1328, dated October 23, 2026, entered into force. It introduced significant changes to the procedure for designating enterprises as "critically important" and for reserving employees liable for military service.
The new measures include a revision of the criteria for critical importance, changes to the mechanism for increasing reservation quotas, and stricter oversight of enterprises' compliance with military registration requirements.
Review of Criteria for Determining "Critically Important" Enterprises
One of the key changes involves a mandatory review of the sectoral and regional criteria used to grant enterprises the status of being "critically important."
Ministries, other authorized bodies, and regional military administrations are required to review the relevant criteria within 10 days of the resolution’s entry into force—that is, by November 6, 2026.
Once the criteria have been updated, government authorities must verify whether enterprises that already hold "critically important" status still meet the requirements. If a criterion—based on which an enterprise was originally granted this status—is removed, the decision to grant that status will be subject to revocation.
The list of business sectors eligible for "critically important" status has also been clarified. These include the defense industry, energy, the agro-industrial complex, construction, transport, logistics, IT, banking, healthcare, and other strategically significant sectors.

New mechanism for increasing reservation quotas
The resolution provides for the establishment of a Coordination Center under the Cabinet of Ministers of Ukraine, which will participate in defining "criticality" criteria and offer recommendations regarding the expansion of reservation quotas.
The option to reserve more than 50% of employees liable for military service remains in place; however, the decision-making mechanism is changing.
A key new provision is that, following a notification via the Diia portal regarding an increase in the limit, an enterprise will have 10 business days to formalize the reservations. Failure to do so will render the decision to increase the quota void.
For enterprises within the defense-industrial complex and certain entities in the fuel and energy sector, it is possible to reserve up to 95% of employees liable for military service, subject to specific conditions.
Strengthening Oversight of Military Registration
Particular attention is being paid to compliance by enterprises with legislation regarding military registration.
Systematic violations—specifically, two or more documented instances within the last 12 months—may serve as grounds for refusing to consider proposals to increase the number of reserved employees.
Consequently, the proper organization of military registration has become even more critical for enterprises seeking to maintain or increase the number of their reserved staff.
What should businesses consider?
The new rules require employers to pay closer attention to the grounds for obtaining "critically important" status, the currency of their documentation, and adherence to reservation procedures.
Enterprises are advised to verify their compliance with current "critical importance" criteria, review existing reservation decisions, and conduct an internal audit of their military registration records.
Given the frequent legislative changes, timely adaptation to new requirements is a key factor in ensuring stable business operations.
The ABEA Relocation team assists enterprises in navigating current legal requirements, properly organizing and maintaining military registration records, obtaining and confirming "critically important enterprise" status, and managing the process of reserving employees liable for military service.
We continuously monitor legislative changes, helping our clients respond to them in a timely manner, minimize risks, and ensure the continuity of business operations.

If you have questions regarding the new regulations or require professional support, please contact ABEA. We will help you find the optimal solution for your business.