Under martial law, the issue of an enterprise’s criticality and employee reservation has become key for road carriers as well.

In practice, there are several independent levels here. First, the company must comply with the licensing conditions for carrying out business activities. Next, Ukrtransbezpeka determines the enterprise as one that is of significant importance to the national economy in the field of road transport — this is an industry-specific criterion. And only on this basis, together with the general conditions of Resolution of the Cabinet of Ministers of Ukraine No. 76, may the enterprise obtain the status of a critically important enterprise and the right to reservation. These levels are often confused with one another, although the documents governing them are different.

In this article, we will consider both levels — from licensing to confirmation of criticality.

What the status of a critically important enterprise means for a carrier

Ukrtransbezpeka determines an enterprise as one that is of significant importance to the national economy in the field of road transport. This serves as the basis (an industry-specific criterion) for the subsequent acquisition of the status of a critically important enterprise under Resolution No. 76 and the reservation of liable-to-military-service employees. The mechanism applies to legal entities; a sole proprietor cannot obtain the status of a critically important enterprise for reservation purposes.

Industry-specific criterion of Ukrtransbezpeka

• registered type of activity — freight road transport (KVED 49.41)

• valid license

• at least 5 shipments during the last 90 days prior to the date of application

General criticality conditions (Resolution No. 76)

• no tax arrears

• the average accrued salary of the enterprise’s insured employees for the last calendar month is not lower than 3 minimum wages

• separately for each employee being reserved, during the deferment period at least 3 minimum wages must also be accrued, unless a special exception applies to such employee

License

Before submitting an application for criticality, the company must have a valid license. The licensing conditions establish requirements for several components of the carrier’s activities at once.

Requirements for the driver: the driver qualification requirements depend on the type of transportation and the vehicle; additionally, the driver’s age and completion of a medical examination before being allowed to work are taken into account.

International transport safety specialist: the company must appoint a person responsible for the organization and safety of international transportation who meets the established qualification requirements. This does not necessarily have to be a separate staff position, but appointing the owner or manager to this role is not automatic — compliance with the qualification requirements is checked separately.

Material and technical base: an office for storing documents (owned or under contract), a yard or parking area for the vehicle outside the residential zone, access to equipment for checking the technical condition — either owned or under a contract with a service station.

Insurance: liability for damage to cargo, insurance provided by law for the driver and other persons involved in international transportation, as well as mandatory civil liability insurance for vehicle owners for international transportation.

Vehicle: must be registered in Ukraine, be owned by the licensee or leased/financed/under a lease agreement with a registration certificate, be included in the licensing information (the register related to the license), be equipped with a tachograph, and also have a vehicle conformity certificate regarding road safety and environmental safety.

The license application is submitted through Ukrtransbezpeka’s electronic service (cabinet) — the submission procedure is gradually being digitized through the Unified Complex Information System (EKIS) — together with information about the vehicle and personnel, copies of registration documents, and proof of payment of the fee. Consideration of the license application takes 10 working days.

5 shipments in 90 days

After obtaining the license, the company must confirm the actual performance of its activities — at least 5 international freight shipments during the last 90 days prior to the date of filing the application for criticality. The information is submitted by the enterprise in any form, and Ukrtransbezpeka verifies it using data from the “Electronic Border Crossing Queue” system (eQueue) through the technical administrator of that system.

Legal support for criticality for carriers

The Digilaw legal team supports carriers at all stages:

• analysis of compliance with licensing conditions and criticality criteria

• verification of requirements for the driver, personnel, and vehicle

• preparation of the licensing document package

• support in filing the criticality application

• support for employee reservation

If your company is planning to enter the international freight transportation market or is preparing to confirm its criticality status, it is worth starting with a legal assessment of compliance with the requirements.