Author: Viktoriia Staryk, lawyer at F&P
Recognition as a critical organization gives the organization the opportunity to obtain an official status that will allow it to retain key personnel in their jobs even in emergency circumstances, including during mobilization. In order to book employees of a charitable organization that provides assistance to the Armed Forces of Ukraine and other military formations, it is necessary to successfully pass the procedure for recognizing a charitable organization as a critical one and be included in the relevant register.
A positive decision can be obtained if the charitable organisation has produced/purchased goods, performed works, and provided services necessary to meet the needs of the Armed Forces of Ukraine and other military formations for the previous period, not less than 12 months prior to the date of application, at the rate of UAH 10,000,000 of assistance per 1 (one) person liable for military service, which is proposed for reservation for the period of mobilisation and martial law.
In accordance with the mechanism of inclusion in the list of enterprises, institutions and organisations that are critical to the needs of the Armed Forces of Ukraine and other military formations during a special period, in order to optimise the procedure for consideration of applications, enterprises, institutions and organisations are recommended to submit applications to the Ministry of Defence of Ukraine in accordance with the approved template.
In the content of the application, enterprises, institutions, organisations should indicate compliance with the criteria set out in the Order of the Ministry of Defence of Ukraine dated 10.07.2024 No. 463 ‘On Determining Enterprises, Institutions, Organisations, as well as Legal Entities of Private Law, which are Critical to Meeting the Needs of the Armed Forces of Ukraine and Other Military Formations in a Special Period’.
Documents to be prepared by the organisation for submission:
- Application to the relevant authorised body.
- List of employees to be reserved
- Certificate of the number of persons liable for military service employed by the organisation.
- An explanatory note justifying the importance of each employee for the organisation’s functioning.
To confirm that the organisation produces/purchases goods, performs works and provides services necessary to meet the needs of the Armed Forces of Ukraine and other military formations, supporting documents must be provided. Failure to provide such documents may result in a refusal to recognise the organisation as a critical one.
Enterprises, institutions and organisations, as well as legal entities of private law, are recognised as critical to the needs of the Armed Forces of Ukraine and other military formations during a special period if they meet one or more criteria and if the share of the state in the authorised capital of such enterprises, institutions or organisations, as well as legal entities of private law, is not held by the state, which is designated by the Verkhovna Rada of Ukraine as the aggressor and/or occupying state.
Incorrect execution or failure to provide the necessary evidence may result in a refusal to grant a non-profit organisation the status of a critical mass organisation. FEDORYSHYN&PARTNERS has the necessary skills and experience to support the process of recognising a non-profit organisation as a critical one.
