President of Ukraine
V.O. ZELENSKY.
To the Prime Minister of Ukraine
Shmigal D.A.
Dear Volodymyr Oleksandrovych!
Dear Denys Anatoliyovych!
Ukrainian Business Council (further - URB), which includes 120 business associations of various sectors of the economy, of which they are members 28 th. business, express their respect to you and address you with the following.
A large number of participants apply to the members of our association (agrarian, industrial, IT sectors, etc) with complaints about the suspension of the process of booking employees and the suspension of decision-making regarding the recognition of business entities as critically important for the functioning of the economy and ensuring the livelihood of the population in a special period. The number of appeals shows that, that the problem of stopping the booking process and granting criticality status is not an isolated one, and has a national scale.
Article 24 The Law of Ukraine "On Mobilization Training and Mobilization" defines the purpose of reservation of conscripts - ensuring the functioning of state authorities, other state bodies, local self-government bodies, as well as enterprises, institutions and organizations in a special period.
According to parts of the first and third articles 25 of this Law, conscripts are subject to reservation, who work or are serving, in particular at enterprises, in institutions and organizations, which are critically important for meeting the needs of the Armed Forces of Ukraine, other military formations or the functioning of the economy and ensuring the livelihood of the population in a special period. Criteria and procedure, according to which enterprises are defined, institutions and organizations, which 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 for meeting the needs of the Armed Forces of Ukraine, other military formations in a special period, are established by the Cabinet of Ministers of Ukraine.
State authorities, other state bodies, local self-government bodies, enterprises, institutions and organizations, that make reservations for conscripts, obliged issue a postponement of conscription for military service during the mobilization of conscripts, which are booked in order, determined by the Cabinet of Ministers of Ukraine, in the district (city) territorial center of procurement and social support, in the territory of whose responsibility they are located.
so, the given legal provisions do not provide for the possibility of stopping the processes of booking and recognition of enterprises, institutions and organizations, critically important for the functioning of the economy and ensuring the livelihood of the population in a special period.
Otherwise, the principle of institutional continuity is violated, which means, that state authorities, must continue to function in the interests of the Ukrainian people and exercise their powers, perform their tasks and functions. This follows from the provisions of the article 9 Law of Ukraine "On the Legal Regime of Martial Law", according to which the Cabinet of Ministers of Ukraine, other state authorities, military command, military administrations, Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, local self-government bodies exercise powers, granted to them by the Constitution of Ukraine, this and other laws of Ukraine.
Resolution of the Cabinet of Ministers of Ukraine dated 27 January 2023 y. № 76 The procedure for booking conscripts during martial law is defined, as well as Criteria and Procedure, according to which enterprises are defined, institutions and organizations, which are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, as well as critical for meeting the needs of the Armed Forces, other military formations in a special period.
These acts set clear deadlines for making relevant decisions, and no one has legally suspended the effect of the specified legal acts.
In addition, protocol decision based on the results of the meeting of the Cabinet of Ministers of Ukraine from 8 October 2024 year (extract from protocol no 103) does not limit the ministry (regarding decision-making on the identification of subjects as critically important in the relevant sphere of administration and branch of the national economy) and the Ministry of Economy (regarding decision-making on the reservation of employees of the relevant entities) in making the above decisions.
Ukrainian business supports the need to conduct an audit of decisions regarding the recognition of business entities as critically important for the economy and ensuring the livelihood of the population. Such an audit will allow checking the relevance and fairness of the decisions already made, ensuring equal conditions for all enterprises.
At the same time, it is extremely important to maintain a predictable and continuous employee booking process during this audit. Since the current situation undermines the trust of business entities in the activities of the authorities, because as a result of it, companies suffer, which officially employ conscripts, and, in accordance with the procedure established by law, apply to the authorities on issues of determining themselves as critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, and further booking of their employees. Those of them, whose reservation period has now expired - they risk losing almost all employees and ceasing their activities, unlike those, who decided to work illegally.
Considering the above, we urge you to immediately intervene in the situation and ensure that the state authorities consistently perform their functions regarding the identification of enterprises, institutions and organizations, which are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, and booking employees of such entities.
Sincerely,
Members of the Ukrainian Business Council
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