Legislative Review

February 2 – 6, 2026. Criteria for determining enterprises important to the national economy updated

The Ministry of Defense of Ukraine, by Order No. 59 of February 2, 2026, approved changes to the Criteria by which enterprises, institutions and organizations in the field of the defense-industrial complex, aircraft construction and space activities are determined as being of importance for the national economy.

In particular, item 2 of the Criteria has been supplemented with new grounds. Enterprises that have the status of a resident of Defense City may be recognized as significant in accordance with the procedure approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1745 of December 17, 2025.

In addition, the criteria include concluding a joint decision with the Ministry of Defense regarding the development and/or production of explosives.

These are enterprises that have the status of a manufacturer and the right to produce and supply explosives and ammunition for the security and defense forces of Ukraine in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 902 of July 16, 2025.

To confirm compliance with the new criterion, enterprises must provide a copy of a joint decision with the Ministry of Defense indicating the deadlines for development or production, as well as documents confirming the status of the manufacturer and relevant authorities.

Order No. 59 comes into force from the date of its official publication. As of the date of preparation of the material, the document has not yet been made public.

The Cabinet of Ministers of Ukraine has excluded lithium-ion batteries from the list of goods requiring an import and export license. These are batteries used in electricity storage systems.

This solution will allow for faster delivery of electricity storage equipment to Ukraine and ensure uninterrupted operation of critical infrastructure and business facilities.

The Cabinet of Ministers of Ukraine, by Resolution No. 113 of January 30, 2026, amended the rules for reserving military personnel in the defense-industrial complex (DIC). The main innovation is that for such enterprises, the decision on criticality no longer requires the number of military personnel subject to reserving.

The changes affected the documents approved by Resolution of the Cabinet of Ministers of Ukraine No. 76 of January 27, 2023, namely:

  • Procedure for booking conscripts for the period of mobilization and martial law;
  • Criteria and procedure for determining enterprises as critically important.

The following amendments have been made to the Reservation Procedure: the word “ninth” has been removed from paragraph 8, item 8 of the Reservation Procedure. In practice, this means: for employees of enterprises that are designated by the Ministry of Defense as critically important in the field of defense industry, the restriction on the number of reserved military personnel does not apply. cannot exceed the total quantity specified in the criticality decision.

In other words, the requirement of a reservation "limit" tied to the figures in the decision of a state body no longer applies to the defense industry.

The changes are effective from January 31, 2026.

The Ministry of Economy, Environment and Agriculture of Ukraine, by letter No. 3323-04/10842-06 dated February 3, 2026, informed customers about the application of changes made to Resolutions of the Cabinet of Ministers of Ukraine No. 1178 of October 12, 2022 and No. 822 of September 14, 2020 in the field of public procurement .

In the letter, the Ministry of Economy draws attention to the fact that during the period of martial law and within 90 days from the date of its termination or cancellation, procurement is carried out in accordance with the Features approved by Resolution of the Cabinet of Ministers of Ukraine No. 1178.

In accordance with paragraph 10 of the Features, customers purchase goods and services (except for current repair services) worth from UAH 100 thousand, current repair services - from UAH 200 thousand, and works - from UAH 1.5 million by:

  • open bidding in the manner specified in the Specifications;
  • or use of the electronic catalog in accordance with the Procedure approved by Resolution of the Cabinet of Ministers of Ukraine No. 822.

The letter specifically focuses on the application of the Cabinet of Ministers of Ukraine Resolution No. 39 of January 15, 2026, which provides for the obligation of individual state-owned enterprises and business entities to ensure the purchase of imported electricity in certain volumes by March 31, 2026.

Taking into account the changes made by Resolution of the Cabinet of Ministers of Ukraine No. 33 dated January 14, 2026, the Ministry of Economy clarified:

  • the content of the supplier's request for proposals is formed exclusively through the electronic fields of the EPS;
  • the request must not contain additional requirements for suppliers not provided for by the Procedure;
  • the winner of the selection is determined by the customer after the system automatically determines the economically advantageous offer;
  • еhe decision on the intention to conclude an agreement is formalized in a protocol, which is automatically generated in the Unified State Register and does not require paper duplication.

The Procedure also provides for a mechanism for temporarily blocking suppliers in case of systematic violations of the terms of concluding contracts.

The National Agency of Ukraine for Civil Service (NACS) provided clarification No. 204 р/з of February 3, 2026 on reclassification of civil service positions in the event of a change in grade in accordance with Resolution of the Cabinet of Ministers of Ukraine No. 114 of January 30, 2026.

The NACS clarification states that in 2026, in state bodies that have already classified civil service positions, official salaries will be applied according to the schemes approved by Resolution of the Cabinet of Ministers of Ukraine No. 1409 of December 29, 2023.

In the event of a change in grade compared to 2025, job salaries are applied after reclassification of positions in accordance with Part 5 of Article 51 of the Law of Ukraine "On Civil Service".

At the same time, the NACS clarifies that a change in grade is considered a change in the salary level (grade), and not simply a change in the size of the official salary within the same grade.

A change in the size of a position salary within the same grade is not considered a change in grade and is not a basis for reclassification of civil service positions.

In this case, paragraph 3 of item 2 of Resolution No. 114 of the Cabinet of Ministers of Ukraine does not apply.

The NACS draws attention to the fact that Resolution No. 114 of the CMU has a higher legal force than the Methodology for the Classification of Civil Service Positions, approved by NADS Order No. 164-25 of December 30, 2025.

Thus, it is Resolution No. 114 that is the basis for reclassifying positions in the event of a change in grade.

The Ministry of Finance of Ukraine by Order No. 32 of January 14, 2026 made changes to the Procedure for registration and accounting of budget obligations of administrators and recipients of budget funds in the bodies of the State Treasury Service of Ukraine.

The document was registered with the Ministry of Justice of Ukraine on January 29, 2026 under No. 141/45535. The changes are aimed at clarifying procedures and simplifying the interaction of fund managers with Treasury bodies.

In particular, Chapter 2 of the Procedure has been supplemented with a provision according to which the manager of budget funds has the right to withdraw the submitted Register of Budget Obligations and/or the Register of Financial Obligations in full before their registration by the Treasury body.

Such a revocation is carried out by sending a corresponding letter to the State Treasury Service body.

The order also clarified certain wording in paragraph 2.10 of the Procedure. In particular, the words "regarding" were replaced with the wording "regulatory and legal acts during", which ensures a more correct interpretation of the norms during the verification of documents.

Special attention has been paid to registers submitted in electronic form. From now on:

  • in case of submitting the Register of Budgetary Obligations in electronic form, no warning note, protocol or letter justifying the reasons for non-registration is placed;
  • a similar rule applies to the Register of Budgetary Financial Obligations.

Corresponding changes have been made to the procedures for filling out registers approved in Appendices 1 and 2 to the Procedure.

The order shall enter into force on the date of its official publication.

The Cabinet of Ministers of Ukraine has decided to allocate UAH 3.28 billion in additional funding to scientific institutions and higher education institutions based on the results of state certification.

For the first time, the distribution of funds is carried out according to a formulaic mechanism - depending on the certification group, the scale of the institution, and the effectiveness of its scientific activities.

Funding based on the results of state certification will now become a permanent component of state support for science. The funds can be used for:

  • increasing the level of remuneration of scientific and scientific-pedagogical employees;
  • updating scientific infrastructure and equipment;
  • development of scientific institutions;
  • support for proactive scientific research.

The updated approach allowed:

  • systematically take into account the results of scientific activity;
  • assess the capacity of institutions to develop;
  • apply a formula distribution of funds depending on the results of work.

Each structural unit that has passed the certification will receive its share of basic funding in the form of an employee bonus. The share is determined in the National Scientific Electronic System URIS in proportion to the unit's contribution to the overall result.

When calculating funding, the following are taken into account:

  • institution's certification group;
  • scale and number of staff;
  • amount of external funds raised;
  • quality of scientific publications;
  • proportion of young scientists.

The new funding model means a transition to systematic and sustainable support for effective scientific institutions. For scientists, this means more stable income growth and access to modern infrastructure, and for the state, a transparent connection between the quality of research and the amount of funding.

The Cabinet of Ministers of Ukraine has adopted amendments to Resolution No. 1364 of December 6, 2022, which introduced an updated and more transparent mechanism for determining the status of territories in which hostilities are (were) being conducted or which are temporarily occupied.

From now on, territorial communities have the right to independently submit proposals to the Ministry of Community and Territorial Development to include or change the status of a settlement in the relevant list, if it meets the established criteria.

The list of territories where hostilities are (were) ongoing or temporarily occupied will be updated at least once a month. This will allow for a prompt response to changes in the security situation in the country.

Before the amendments were adopted, the lack of a unified mechanism for forming the list created difficulties for authorities and local governments, in particular in determining the exact dates of the beginning and end of hostilities or occupation.

The presence of a settlement in the official list is the basis for:

  • receiving compensation for property destroyed or damaged as a result of the armed aggression of the Russian Federation ;
  • providing housing assistance to internally displaced persons;
  • determining the specifics of taxation;
  • work of state registers;
  • business conditions;
  • payroll for employees of municipal enterprises and institutions.

The Cabinet of Ministers of Ukraine, by its Resolution No. 114 of January 30, 2026 on amending a number of its own decisions on the remuneration of civil servants based on the classification of positions, determined the conditions for the remuneration of civil servants in 2026.

In particular, for civil service positions in regional state administrations (military administrations), the Kyiv City State Administration (executive body of the Kyiv City Council), a salary scheme will be applied, taking into account families and levels of positions, jurisdiction, and types of bodies.

The same scheme applies to security and defense sector bodies (except for the Ministry of Defense and the Ministry of Internal Affairs), regional and district prosecutor's offices, as well as the Pension Fund of Ukraine.

The basis remains Government Resolution No. 1409 of December 29, 2023, taking into account new changes.

At the same time, in state bodies that have already classified civil service positions, job salaries in the event of a change in grade compared to 2025 will be applied only after reclassification of positions. It must be carried out in accordance with Part 5 of Article 51 of the Law of Ukraine "On Civil Service". Until the completion of such a procedure, the size of job salaries established for 2025 will be maintained.

The Resolution applies from January 1, 2026.

The Cabinet of Ministers of Ukraine adopted a draft resolution "On Amendments to the Procedure for the Exercise of Powers by the State Treasury Service in a Special Regime under Martial Law", developed by the Ministry of Finance of Ukraine.

The decision is aimed at harmonizing the current Procedure with the Law of Ukraine "On the State Budget of Ukraine for 2026", as well as clarifying and updating the mechanisms for implementing priority expenditures by the Treasury under martial law.

The draft resolution provides for the inclusion in the list of priority expenditures for which the Treasury, under martial law, opens appropriations and makes payments as a priority, of health screenings for persons over the age of 40.

The document also clarifies the wording of expenditure areas for the financial provision of dental services and free legal aid in order to fully comply with the budget programs defined in the Law of Ukraine "On the State Budget of Ukraine for 2026".

In particular, the following were clarified:

  • payment for medical services for dental prosthetics and provision of scheduled dental care to certain categories of citizens;
  • ensuring the provision of free secondary legal aid, including mediation services.
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