Are eSignatures Legally Binding in Ukraine?

Electronic signatures have been legally recognised in Ukraine since 2003, following the introduction of The Law of Ukraine No. 852-IV "On Electronic Documents and Electronic Document Circulation". This law ensures that documents cannot be deemed unenforceable simply due to being in electronic format. Digital transaction management systems can generate electronic records that are admissible as court evidence, provided that the law requires it or the parties consent to the use of electronic signatures. Qualified Electronic Signatures (QES) are typically regarded as having the same legal validity as traditional handwritten signatures.

Documents that can be signed electronically

A simple electronic signature (SES) can be used in the following types of transactions in Ukraine:

Consumer agreements such as new retail account opening documents
Commercial agreements between corporate entities including procurement documents, NDAs, and sales agreements

For some types of documents a more secure QES may be required, these cases include:

Promissory notes
Acts by public authorities, municipal bodies, state enterprises, institutions, and organisations
Transaction documentation including invoices and acts of acceptance of services
Entities which introduce or maintain integral electronic document management
Notarised documents

Documents that may not be electronically signed

There are some use cases where it is explicitly required that handwritten signatures are used or formal processes are in place that are not compatible with electronic signatures. These include certificates of inheritance and documents that can only be executed in one single origin.

Types of e-signature permitted in Ukraine

An advanced electronic signature (AES) is defined as an e-signature created using the cryptographic conversion of electronic data to which the electronic signature relates using AES means and the personal key uniquely associated with the signer, and which enables the electronic identification of the signer and to highlight a violation of the integrity of the data associated with the e-signature. A QES is an AES that is generated using a qualified electronic signature creation device and is based on a qualified certificate for electronic signatures.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Law of Ukraine No. 2155-VIII On Electronic Trust Services

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in Ukraine

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