Mobilization of the population has been ongoing for the fourth year in a row due to the Russian Federation’s military aggression against Ukraine. Among other mechanisms that allow citizens to obtain a deferral from participating in combat operations, special attention is given to the reservation of conscripts, which allows an employer to defer an employee’s mobilization for a certain period of time.

Timely mobilization deferrals for their employees are one of the top priorities for many companies during wartime.

However, are the managers of such companies, as well as those responsible for maintaining military registration records, able to keep up with the rules, which are constantly changing? So, what new developments has 2025 brought regarding the reservation of employees, and are there risks for employers of facing criminal liability? 

“Critically Important” Status

Starting in April 2025, only companies with an updated “critical” status may submit reservation requests, and only in electronic format. Applications for reservations will be processed within 72 hours, rather than within 24 hours.

Therefore, confirming “critical importance” status is crucial for companies, as if this status is lost, employees may be called up for service in accordance with mobilization requirements.

It is important to understand that if an employee is terminated, their mobilization reservation is not retained, and they may therefore be called up for military service.

What does a company need to do to obtain “critically important” status?

The company must meet two mandatory criteria:

- first, it must have no tax arrears;

- second, the average salary at the company must be at least 20,000 UAH (or 2.5 times the minimum wage).

At the same time, the salary of each employee subject to military conscription who is eligible for exemption must be at least 20,000 UAH. 

The third criterion is selected by the company or business independently in accordance with the guidelines set forth in Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023 No. 76, “Certain Issues Regarding the Implementation of the Provisions of the Law of Ukraine ‘On Mobilization Preparation and Mobilization’ Concerning the Reservation of Conscripts for the Period of Mobilization and Wartime.”

Who can be reserved?

It should be noted that not all employees of an enterprise can be reserved, even if the enterprise has been granted critical status and has established the corresponding salary level. Thus, employees who meet the following criteria may be reserved:

- are registered with the military;

- have updated their registration information;

- are not wanted by the authorities (for violating military registration rules).

Thus, the reservation process is a sequence of actions clearly defined by law, carried out by both the employee and the employer, to achieve a common goal; since if employees subject to military service fail to comply with military registration rules, the employer will lose the right to reserve such an employee, even if they are a specialist essential to the company.

It is important to note that in Ukraine, there are specific quotas for enterprises and companies depending on the nature of their activities, which involve determining the percentage of the possible number of reserved employees relative to the total number of employees subject to military service at the enterprise.

However, it is important to note that there is no prescribed list of professions subject to reservation, which allows employers to independently select employees for mobilization reservation.

Employers’ Responsibilities

Resolution No. 1487 of the Cabinet of Ministers of Ukraine dated December 30, 2022, “On Approval of the Procedure for Organizing and Maintaining Military Registration of Conscripts, persons subject to military service, and reservists,” employers are assigned a number of obligations regarding military registration, namely:

- the obligation to verify employees’ military registration data (verifying military registration documents upon hiring, retaining copies of them, and periodically reconciling personal military registration lists with the records in military registration documents);

- conducting outreach to ensure employees comply with military registration rules and having employees sign acknowledgments of these rules;

- the duty to inform the Territorial Recruitment and Social Support Centers (hereinafter also referred to as “TRSSCs”) about the hiring of employees, changes to employees’ military registration data, and individuals who violate military registration rules;

- the obligation to notify employees of summonses to the TCC and SS and to ensure their timely arrival.

Thus, employers serve, to a certain extent, as “intermediaries” between the TCCs and SS and their employees.

As of today, employers in Ukraine face only administrative liability for violations of legislation on defense, mobilization preparation, and mobilization, since the Criminal Code of Ukraine (hereinafter—the CCU) does not contain provisions establishing criminal liability directly for failure to maintain military registration.

However, the possibility of applying the provisions of the CCU cannot be ruled out, especially during martial law, as the code provides for liability for obstructing the lawful activities of the Armed Forces of Ukraine and other military formations (Art. 114-1).

Thus, failure to maintain military registration records, failure to report changes in registration data upon hiring, and failure to notify employees of their summons to the Territorial Recruitment Center (TRC) and the Military Registration and Enlistment Office (MREO) may be regarded as concealment of mobilization resources, since the actions of the Territorial Mobilization Center are aimed at ensuring the operations of the Armed Forces of Ukraine, and therefore—as well as obstructing the lawful activities of the Armed Forces of Ukraine and other military formations of Ukraine.

In light of the above, it is worth noting that the mobilization of the population continues amid the ongoing war with Russia, and employers are periodically faced with new challenges that require relevant knowledge—not only regarding compliance with employee reservation rules but also the unquestioning fulfillment of the requirements of mobilization legislation.