Many Ukrainians will lose their reservation rights due to new Cabinet regulations, according to a member of parliament.

The new government resolution stipulates that to receive a mobilization deferment, an employee must have been employed at the enterprise before May 18, 2024. Those who took up positions after this date will subsequently be deprived of their deferment status. This was stated by MP and member of the Committee on Economic Development Bohdan Kysak during an interview on "Kyiv24".

Kysak explained the changes in employee deferment. He noted that there is a key provision in the document that will lead to a significant number of previously deferred individuals losing that status entirely.

"An employee for whom the enterprise applies for deferment must not only receive a salary of at least 20,000 UAH. They must have been working at the enterprise before May 18, 2024. If a person was employed at a critical institution after this date, they cannot receive a deferment," Kysak said.

According to the MP, this means that among those who were previously deferred before the Cabinet's resolution was adopted, a significant portion will lose their deferment status.

The Government has amended the deferment resolution

Starting December 1, the deferment of conscripts will again be conducted through the Diia portal. At the same time, all critically important enterprises must confirm their status by February 28, 2025, according to the new criteria. The government has made corresponding changes to resolution No. 76. On November 15, the government completed an audit of decisions regarding the designation of enterprises, institutions, and organizations as critically important. As a result of the audit, 95% of all critically important enterprises retained this status. The audit revealed the following violations:

• A sharp and unjustified reduction in employee salaries after the enterprises received critical status;
• The use of various models for excessive increases in the number of deferred employees;
• The inclusion of enterprises in the list of critically important that are essentially not critical to the economy.
  
  

Based on the audit data, the government decided to update the deferment criteria so that the mechanism serves both our defense capability and the economy. The algorithm for recognizing enterprises as critically important remains unchanged. As before, an enterprise applies to the relevant Ministry or OVA to obtain such status. The government has retained eight existing criteria for determining a critically important enterprise. At the same time, industry and regional criteria for criticality will now be agreed upon by the Ministry of Defense and the Ministry of Economy.

For private enterprises, a mandatory criterion is established — the average salary accrued in the enterprise for the last calendar quarter must be no less than 2.5 times the minimum wage (20,000 UAH as of November 15, 2024). The salary of the employee being deferred must also be at least 20,000 UAH. A mandatory criterion for enterprises is the absence of tax arrears.

Enterprises that want to defer an employee must confirm compliance with the current and new criteria. They have more than three months for this — from the publication of the relevant resolution until the end of February 2025. After confirming criticality, enterprises must submit updated lists of employees for deferment through Diia again. Until the submission of updated lists, all provided deferments remain valid. Employee deferments through Diia will start on December 1. The service eliminates human error and speeds up the process. Enterprises are prohibited from deferring employees who are not registered for military service or do not have military registration documents.

All decisions regarding the designation of enterprises as critical will be monitored, with the possibility of revoking deferments. This option will be available in Diia. Monthly monitoring of enterprises' compliance with established requirements regarding average salaries, tax payment levels, and the number of conscripts will take place. If it is found that an enterprise does not meet the requirements, a request for clarification will be generated for it. In case of a negative monitoring result, the enterprise will lose its critical status.