RESERVATION OF GARDENERS

Currently, the topic of RESERVATION of their employees is very relevant for all horticultural enterprises. Last year, the management of Horikh Polissya LLC, a horticultural enterprise, dealt with this topic quite objectively. The reliable tandem of the owner of the enterprise Dmytro Dyachuk and the manager of the enterprise Oleksandr Voloshenko in the development of the garden, in matters of its maintenance, employment of workers and, in this case, the recognition of the enterprise to receive the status of critical importance - brings successful results. Therefore, the following is an article by Oleksandr Voloshenko, the manager of the enterprise, about the steps taken by the Gorykh Polissya LLC to obtain this important status at this time.

RESERVATION OF MILITARY EMPLOYEES

AT THE HORTICULTURAL ENTERPRISE

Good day, dear nutters. Our enterprise "Horykh Polissya" LLC is located in the Zhytomyr region and is engaged in the cultivation of hazelnuts in an industrial garden with an area of almost 78 hectares. Last year, we received the status of a critically important enterprise, and this year, by the decision of the Zhytomyr Regional Military Administration, we managed to extend the status of a critically important enterprise, which gives the right to officially book its workers.

I am often asked, how did your horticultural enterprise - Gorykh Polissya LLC manage to get the status of a critically important enterprise, if you are not a large taxpayer? Or you do not cultivate more than 500 hectares of land.... We systematically receive similar questions from the heads of other farms in various sectors of the economy and with different forms of ownership. In the course of the discussion, we were asked the question "where did you get this information?" the answer sounds - "that's what our lawyer explained to me, or that's what they told me...". Who said it and when, on the basis of what he said so, where it is written so and who has already done so, there is no answer....

Therefore, I, as the manager of the horticultural enterprise "Gorykh Polissya" LLC and a member of the Presidium of the Ukrainian Nut Association on behalf of the President of the Association Yudin H. last year I began to methodically study this topic. Today, I am publishing this article about the practical steps that we, as Horikh Polissya LLC, a horticultural enterprise, went through to obtain the status of a critical enterprise that allows us to book our employees.

The main legislative act regulating the conditions for booking conscripts at the enterprise is the Resolution of the Cabinet of Ministers of Ukraine of January 27, 2023 No. 76 "Some issues of implementation of the provisions of the Law of Ukraine "On Mobilization Training and Mobilization" regarding the booking of conscripts for the period of mobilization and on wartime". Separately, we note that as of today, this resolution is valid in the version dated June 5, 2024 of Resolution No. 650 of the Cabinet of Ministers of Ukraine and is publicly available.

Since industrial nut orchards belong to the agricultural sector of Ukraine by their specialized activity, therefore we will go through in detail exactly those conditions of the Resolution of the CMU No. 76 that may be suitable for enterprises of the agricultural sector.

We would like to point out separately that the procedure for booking conscript workers takes place in TWO STAGES.

FIRST – obtaining the status of a critically important enterprise.

SECOND stage – submission of lists of conscripted workers to receive an order from the Ministry of Economy of Ukraine on booking conscripts at the enterprise.

Let's consider each of the stages in more detail:

STAGE No. 1 (obtaining the status of a critically important enterprise)

Resolution of the CMU No. 76 contains the Procedure for the reservation of conscripts during martial law and the Criteria and Procedures for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, as well as critically important to meet the needs of the Armed Forces and other military formations in a special period.

Clause No. 3 of the Criteria and Procedures clearly defines that the basis for making a decision on the definition of an enterprise, institution, or organization is compliance with three or more criteria specified in Clause 2 of these Criteria and Procedures (we note separately that there are enterprises and organizations, that may meet 2 or more criteria, but this does not apply to agricultural enterprises, so we do not waste time studying information that is not necessary in this case).

We draw your attention to item No. 2 of the Criteria and Procedure. Point No. 2 contains COMPLETE information about the criteria necessary to obtain the status of a critically important enterprise. There are 7 criteria in total. Taking into account the conditions of item No. 3 of the Criteria and Procedure, the enterprise must meet at least 3 criteria to obtain the desired status! For the vast majority of agro-industrial enterprises, the optimal criteria are:

No. 4 (enterprise, institution, organization is important for the branch of the national economy or for meeting the needs of the territorial community);

No. 5 (absence of arrears from the payment of a single contribution to mandatory state social insurance;

No. 6 (the size of the average salary of insured persons - employees at the enterprise, institution, organization for the last calendar quarter is not less than the size of the average salary in the region for the IV quarter of 2021.

If there are almost no questions before the implementation of points No. 5 and No. 6, then point No. 4 is somewhat unclear, but it is at first glance. In the latest version of the Resolution of the Central Committee of the Russian Federation No. 76, it is clearly defined that the criteria used to define an enterprise, institution, or organization that are important for the branch of the national economy or for meeting the needs of the territorial community shall be established by the executive power bodies, other state bodies, state administration bodies, whose jurisdiction extends to the entire territory of Ukraine, according to the sphere of their management or the branch of the national economy or the regional, Kyiv and Sevastopol city state administrations (military administration in case of its creation) taking into account the needs of the territorial community. This means that each body of executive power, including REGIONAL ADMINISTRATIONS, HAS THE RIGHT to independently determine the eligibility criteria by which enterprises, institutions, and organizations are determined, which are important for meeting the needs of the territorial community in a special period.

Therefore, depending on the place of registration of your enterprise, you need to contact the above-mentioned state institutions and obtain the relevant order or order, according to which the conditions for determining compliance with the criteria are determined.

It is worth noting that the conditions for determining the status of a critically important enterprise in the regions differ significantly, that is, those conditions that, for example, are required by the Kyiv Regional Military Administration (Order No. 151 of March 10, 2023 "On Approval of the Criteria for Defining Enterprises, Institutions and Organizations that are important for meeting the needs of territorial communities of the Kyiv region in a special period") significantly differ from the conditions drawn up by the Dnipropetrovsk regional state administration (order of the head of the regional military administration of 01.05.2023 under No. 149/0/527-23 "On the approval of the Criteria for the determination of enterprises, institutions, organizations that are important for meeting the needs of the territorial community of the Dnipropetrovsk region in a special period" ).

In addition, in their orders and orders, the bodies of executive or state power clearly regulate the list of documents that must be provided as confirmation of the fulfillment of the conditions for determining the criteria. After receiving a copy of the order or order of the above-mentioned bodies, which regulate the conditions for obtaining the Criteria to meet the needs of the territorial community, the enterprise must study the information presented in detail and understand whether the activity of the organization (enterprise) corresponds to the norms established by the body to which the enterprise applied.

If the enterprise falls under the requirements of the conditions for obtaining the status of critical importance, then consider that you have fulfilled paragraph No. 4 of Resolution 76!

Next, your company's appeal to the executive power body, another state body, state administration body whose jurisdiction extends to the entire territory of Ukraine, according to their sphere of administration or branch of the national economy or to the regional, Kyiv and Sevastopol city state administrations (the military administration in case of its creation) is being prepared ) to obtain the desired result. The application (in any form) is accompanied by a package of documents required by the above-mentioned bodies (copies of tax declarations, statistical reports, etc.) and the necessary documents confirming the fulfillment of points No. 4 (certificate on the absence of debt under the EES) and No. 5 (certificate on the average wages at the enterprise for the last reporting quarter) Criteria and Procedure of the Resolution of the CMU No. 76.

After submitting the above-mentioned documents, your company must wait for the results of the commission meeting, which must review the submitted materials to determine whether they meet the conditions for obtaining the status of a critical enterprise. The results of the commission's meeting must be set out in the form of an order or decree of the relevant state or executive body. The term of validity of the order or decree is 1 year. That is, the enterprise is obliged to confirm its criterion status at least once a year by re-submitting a package of documents.

Enterprises, organizations and institutions that received state support in the form of grants in accordance with the Law of Ukraine "On the Development and State Support of Small and Medium Enterprises in Ukraine", the Procedure for the Implementation of an Experimental Project on Providing Competitive Financial Support to Startups in Ukraine, including in in the field of information technologies, approved by the Resolution of the Cabinet of Ministers of Ukraine dated June 24, 2022 No. 736, the Procedure for providing micro-grants for the creation or development of one's own business, approved by Resolution No. 738 of the Cabinet of Ministers of Ukraine dated June 21, 2022, the Procedure for granting grants for the creation or development of processing enterprises, approved by Resolution No. 739 of the Cabinet of Ministers of Ukraine dated June 24, 2022, in 2022-2023, WHEREAS - FACTO they already have one of the required three conditions for determining the status of a critically important enterprise that are important for the branches of the national economy. Confirmation of this - Order No. 952 dated February 17, 2023 "On approval of the Criteria for determining enterprises, institutions and organizations that are important for the branches of the national economy." That is, the Ministry of Economy of Ukraine, in accordance with clause No. 3 of the Criteria and Procedure set forth in the Resolution of the CMU No. 76, determined its criteria for determining the right to acquire the status of a critical enterprise.

In this case, the enterprise subject to the conditions of order No. 952 submits to the Ministry of Economy of Ukraine documents confirming the fulfillment of the conditions of order No. 952 dated 17.02.2023 "On approval of the Criteria for determining enterprises, institutions and organizations that are of significant importance for the branches of the national economy » and the necessary documents confirming the fulfillment of points No. 4 (certificate on the absence of debt under the EUS) and No. 5 (certificate on the average salary at the enterprise for the last reporting quarter) Criteria and Procedure of the Resolution of the CMU No. 76. Further, the procedure remains the same, a meeting of the specialized commission must be held to review the submitted documents and draw up a conclusion on compliance with the conditions for obtaining the status of a critical enterprise.

Separately, we note another possible way to obtain status in another state body. Order No. 223 dated February 21, 2023 of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of Criteria for Identifying Enterprises, Institutions, and Organizations That Are Important for the National Economy in the Field of Agriculture in a Special Period." This order is aimed at enterprises that have more than 500 hectares of land under cultivation. The procedure for obtaining the status of a critically important enterprise is not subject to change - compliance with points No. 4 (certificate on the absence of debt due to the EUV) and No. 5 (certificate on the average salary at the enterprise for the last reporting quarter) of the Criteria and Procedure of the Resolution of the CMU No. 76 and supporting documents in accordance with the implementation Order No. 223 dated February 21, 2023. It should be pointed out that if the enterprise has more than 500 hectares under cultivation, then there is a possibility that the regional state administration will refuse to make a decision on recognizing the criticality of the enterprise on the basis of the appropriateness of granting such status to the Ministry of Agrarian Policy and Food of Ukraine. Also, the regional administration has the right to refuse recognition of a critical enterprise in case of establishing the fact of receiving a grant for business development, since the order on the status of a critical enterprise is issued by the established body.

In this article, we carefully considered three possible options for obtaining the status of a critically important enterprise, organization and institution in various conditions of conducting economic activity. The necessary conditions and procedure for obtaining the desired result have been established. The next article will be devoted to consideration of stage No. 2 (submission of lists of conscripts for reservation).

Oleksandr Voloshenko, manager of the horticultural enterprise "Walnut Polissya" LLC, member of the Presidium of the Ukrainian Walnut Association