Overview of the updated criteria of the Ministry of Economy for defining critically important enterprises
Overview of the updated criteria of the Ministry of Economy for defining critically important enterprises
Our experts: Svitlana Teteria, Counsel at EVERLEGAL, and Alina Ivanchuk, Junior Associate at EVERLEGAL.
In connection with the reorganisation of the Ministry of Economy of Ukraine into the Ministry of Economy, Environment and Agriculture of Ukraine (hereinafter – the “Ministry of Economy”) and the dissolution of the Ministry of Agrarian Policy and Food and the Ministry of Environmental Protection and Natural Resources in July 2025, the procedure for determining enterprises as critically important under the criteria established for the respective sectors was suspended, as those criteria required updating.
By Order No. 471 of 11 September 2025, the Ministry of Economy introduced amendments to the Criteria for Determining Enterprises, Institutions and Organisations of Critical Importance for Sectors of the National Economy, approved by Order No. 28003 of 18 December 2024. As a result, both the previously established criteria were updated and separate criteria were introduced for the forestry and hunting, environmental protection and agricultural sectors, which following the reorganisation fell within the scope of the Ministry of Economy.
These amendments entered into force on 19 September 2025, and therefore the EVERLEGAL team, represented by Counsel Svitlana Teteria and Junior Associate Alina Ivanchuk, has prepared an overview, which you can find below.
First of all, it should be noted that the criteria for the forestry and hunting, environmental protection and agricultural sectors have in fact not undergone any changes compared to those previously established for these areas by the orders of the Ministry of Environment of 15 January 2025 No. 60, of 16 December 2024 No. 1668, and the order of the Ministry of Agrarian Policy of 10 December 2024 No. 4282. At the same time, the above-mentioned orders ceased to be in force following the adoption by the Ministry of Economy of Order No. 471 of 11 September 2025, and therefore, when applying to the Ministry of Economy for the purposes of determining an enterprise as critically important or confirming this status for a new period, it is necessary to refer to Order No. 28003 of 18 December 2024 of the Ministry of Economy.
Likewise, there are no changes in the criteria for determining permanent establishments of non-residents operating in Ukraine as critically important.
However, the criteria for all other industries under the jurisdiction of the Ministry of Economy have undergone certain changes:
- the criteria regarding a certain level of average employee salary and average number of employees have been abolished;
- the criterion regarding the enterprise's monopoly (dominant) position in the market for a certain product/service and its provision of material and technical resources, raw materials and materials, components, which has been replaced by a new criterion – the production of goods or provision of services that meet the needs of other enterprises, institutions and organisations in terms of material and technical resources, raw materials and components, the absence of which would lead to a complete halt in production or provision of services in the area in which the Ministry of Economy ensures the formation and implementation of state policy;
- a new criterion has been added – conducting an independent expert review of draft regulatory and legal acts on economic issues, foreign economic relations, as well as other issues related to the rights and interests of entrepreneurs;
- the criterion for receiving financial state support in the form of grants has been changed, as a result of which only those who receive grants in accordance with the Procedure for granting grants for the creation, development or modernisation of manufacturing industries, approved by Resolution of the Cabinet of Ministers of Ukraine No. 739 of 24 June 2022, may be designated as critically important.
- to confirm that an enterprise meets the criterion for conducting activities in three or more regions of Ukraine, an updated requirement has been established to provide an extract from the State Tax Service's information and communication system on the status of the payer's settlements for taxes, fees, payments and a single contribution to compulsory state social insurance, the control over the collection of which is entrusted to the State Tax Service, with a qualified electronic signature or personal signature of an official of the territorial body of the State Tax Service at the primary and secondary place of registration of the legal entity and its separate divisions that have, receive (transfer) taxable objects or carry out activities (transactions) that are subject to taxation in accordance with the requirements of the Tax Code of Ukraine.
Thus, the list of general criteria of the Ministry of Economy currently includes the following:
- receipt of financial state support in the form of grants in accordance with the Procedure for granting grants for the creation, development or modernisation of manufacturing industries;
- performance of works and provision of services for the Ministry of Economy on the basis of agreements (contracts) concluded for a term of not less than six months;
- being within the management scope of the Ministry of Economy / the state, represented by the Ministry of Economy, being the sole founder and shareholder of the enterprise, provided that state orders are carried out;
- conducting independent expert review of draft regulatory and legal acts on economic issues, foreign economic relations, as well as other issues concerning the rights and interests of entrepreneurs;
- conducting activities in the territory of three or more regions of Ukraine;
- having the status of a participant in an industrial park and carrying out business activities within an industrial park included in the Register of Industrial Parks;
- conclusion of a special investment agreement for the implementation of an investment project involving significant investments in the manufacturing industry (except for activities related to the production and circulation of tobacco products, ethyl alcohol (with the exception of the production of bioethanol intended for use as a fuel component), brandy and fruit spirits, alcoholic beverages), the production of biogas and biomethane (including liquefied or compressed), the extraction for further processing and/or enrichment of minerals (excluding hard coal, lignite, crude oil and natural gas), and waste management;
- inclusion in the list of machinery and equipment of domestic production, the cost of which is partially compensated from the state budget, approved by the Ministry of Economy in accordance with the requirements of the Procedure for the implementation of the pilot project on partial compensation of the cost of domestically produced machinery and equipment within the framework of the All-Ukrainian Economic Platform "Made in Ukraine";
- engaging in types of production or provision of services that meet the needs of other enterprises, institutions and organisations in terms of material and technical resources, raw materials and materials, and components, the absence of which would lead to a complete halt in the production of goods or provision of services.
Let us recall that, in order for an enterprise to be recognised as one of significant importance for the sectors of the national economy, it must comply with at least one of the listed criteria.
It is also important to note that in the new version of Order No. 28003 of the Ministry of Economy dated 18 December 2024, restrictions have been established regarding the recognition of enterprises as being of significant importance for the sectors of the national economy, in the following cases:
- if special economic and other restrictive measures (sanctions) have been applied to the enterprise or its founder, participant, shareholder, ultimate beneficial owner pursuant to the Law of Ukraine “On Sanctions” dated 14 August 2014 No. 1644-VII;
- if the founder, participant, shareholder, ultimate beneficial owner of the enterprise is the Russian Federation / the Republic of Belarus / a state on the FATF blacklist, a citizen of the Russian Federation / the Republic of Belarus / a state on the FATF blacklist (with the exception of those who permanently and lawfully reside in the territory of Ukraine).
At the same time, it is not specified how the Ministry of Economy will verify compliance with the above restrictions. Any clarifications on this matter are currently absent. Therefore, in order to expedite the consideration of your application for recognition of an enterprise as critically important or confirmation of this status for a new period, we recommend submitting together with the application documents that confirm that your enterprise does not fall under such restrictions.
In summary, the above changes will apply to those enterprises that will obtain or confirm the status of critically important after these changes enter into force. That is, enterprises that previously obtained the status of critically important prior to the entry into force of the new version of Order No. 28003 of the Ministry of Economy dated 18 December 2024 will retain this status until the expiry of the period for which it was granted. However, if an enterprise obtained the status under a criterion that has been cancelled or amended, it will need to confirm this status for a new period in accordance with the updated criteria.
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