On changes in the procedures for the reservation of military personnel. Interview with lawyer Vitaliy Nestor

Senior partner of the law association “Alarius”, Doctor of Legal Sciences Vitaliy Nestor in an interview with “Apostroph”, told what exactly will change in the booking rules from December 1, 2024.

- From December 1, 2024, new booking rules come into force. Tell me exactly what changes have occurred?

- The main change was that the process of receiving the reservation now takes place according to the specified criteria and procedures, the grounds for canceling the reservation have been added and it is specified who exactly will be subject to the reservation. One of the key requirements was the inclusion in the requirements for private enterprises of the so-called “economic reservation”. Thus, the calculated average salary of employees working in enterprises of the private sector of the economy should be at least 2.5 minimum wages, which as of November 2024 is equivalent to 20,000 UAH. Moreover, every potential hired employee should have no less such accrued salary. The average figures for the reporting quarter are taken as a basis.

- Do these changes apply to enterprises that already have critical status?

- Yes, the changes apply to all public authorities, enterprises of institutions and organizations that are critical enterprises or critical institutions. All enterprises must confirm their compliance with the new requirements by February 28, 2025. This applies to both the level of wages and financial discipline. Now not only the absence of debt for the payment of the single social contribution is taken into account, but also the complete absence of debts on all taxes. Thus, the government seeks to ensure that only financially stable and efficient enterprises receive critical status.

- Why have new criteria for salaries and tax discipline been introduced?

- These criteria are aimed at ensuring real support for the country's economy and avoiding cases when the status of critical is used by enterprises that do not make a significant contribution to the economy or providing for the needs of the Armed Forces of Ukraine. For example, the requirement for an average wage of 2.5 minimum wages indicates that the company is really functioning at the proper level, has resources and supports its employees.

- How has the algorithm for booking employees changed?

- The algorithm itself remained similar, but it was automated. Now the procedure is fully integrated into the “Action”, and decisions are made as quickly as possible — up to 72 hours from the date of application. At the same time, it is important to note that automatic booking is possible only if several conditions are met at the same time.

The employee must be:

- Officially employed.

- Be on military registration.

- Receive a salary of at least UAH 20,000 as of November 2024.

- Clarify personal data and not be wanted.

Regarding the clarification of data, we are talking, in particular, about the requirement for citizens of Ukraine, aged 18 to 60 years, who were registered in the military, until July 17, 2024, to update their data or register, but today there is no clear answer whether those persons who did not update their data before July 17, 2024 will be able to be booked in the future. definitely.

If one of these conditions is not met, the company receives a refusal.

- Is there a limit on the number of employees that can be booked?

- Yes, the maximum share of booked employees is 50% of the total number of military personnel at the enterprise. However, this figure can be increased by decision of the Ministry of Defense, if the enterprise fulfills critical orders for the Armed Forces or the country's economy. It should be noted that the new Procedure allows the reservation of beneficiaries of private companies and such persons are not included in the quota of 50% only if the beneficiaries are not employees of such enterprises. At the same time, servicewomen no longer create a quota for other workers, but employees with a delay (without reservation) continue to create it.

- What will happen to the deferments that were granted earlier?

- The deferments, which were granted until December 1, 2024, remain valid until the expiration of their term, but not longer than February 28, 2025. This means that all enterprises must update their employee lists and confirm their critical status by this date.

- How will the government monitor compliance with these new rules?

- For this purpose, monthly monitoring of compliance of enterprises with criteria has been introduced. In case of violation or inaccurate data, the enterprise may lose the status of critical, and employees — the right to deferral. Specifically, this list of abuses includes fictitious salary increases or manipulation of the number of employees.

- How quickly will it be possible to apply and get a decision?

- Portal “Action” allows you to submit an application in just a few minutes. The whole procedure, including checking the data in the registers, will take no more than 72 hours. This greatly simplifies the process compared to the previous format, when applications were submitted manually through government agencies. In some cases, the term of consideration of documents may be extended up to 10 working days.

By December 1, 2024, public authorities must ensure interaction between registers and databases in order to be able to automate work and synchronize data. For example, until November, the booking procedure provided only for the verification of data on the employee with information in the pension fund. To date, the list will be supplemented by the Unified State Register of Conscripts, Soldiers and Reservists and the Unified State Register of Legal Entities.

- Are there any special conditions for booking employees who provide services or produce products for the Armed Forces?

- Yes, for such employees, deferments may be granted for the duration of contracts concluded for the execution of a state order or supplies for the Armed Forces. In these cases, a simplified procedure can be expected if the company meets all the criteria.

- What would you advise business leaders in connection with these changes?

- My advice is simple: carefully study the new rules, assess the compliance of your enterprise with the established criteria, reconfirm your criticality by submitting a new set of documents. It is also important to ensure that employee data is up-to-date, as even a minor error can cause a reservation to be denied.