Legality and enforceability of electronic signatures in Ukraine*

The Law of Ukraine “On Electronic Trust Services” provides a legal framework for the use of electronic signatures in Ukraine. Similarly to other European countries, there are three types of electronic signatures in Ukraine:

• Simple electronic signature.
• Advanced electronic signature.
• Qualified electronic signature.

The law defines an electronic signature as electronic data attached to or logically associated with other electronic data and used by the signatory as a signature. A simple electronic signature is one that does not fulfill the requirements of an advanced or qualified electronic signature.

In Ukraine, the signature must comply with the following requirements to have the status of an advanced electronic signature:

• It must be linked to the signatory.
• It must provide an opportunity to identify the signatory.
• It shall be used under the sole control of the signatory.
• Any subsequent changes after signing shall be detected.

Advanced electronic signatures are commonly used in 90% of cases and consist of data collected by state authorities and the signatory’s private key.

The qualified electronic signature has the highest level of data security and is defined as the advanced electronic signature which is created using a qualified electronic signature tool and based on a qualified electronic signature certificate, issued by the qualified providers of electronic trust services. Additionally, a qualified electronic signature has the same legal effect as a handwritten signature and is presumed to be consistent with a handwritten signature.

There are the following requirements for the qualified electronic signatures:

• It shall comply with all the requirements for the advanced electronic signature.
• It shall be created with a qualified electronic signature device.
• It shall be based on a qualified public key certificate from a qualified trust service provider.
• There shall be a clear connection with the signatory.
• The signing process must be under the sole control of the signatory.

Qualified electronic signature is used in areas where security is particularly important, such as financial transactions, contracts, tax filings, agreements that should be notarized or registered with the state, etc.

There are a few situations when the use of an electronic signature cannot replace a handwritten signature:

• Documents issued only in one single original (i.e., passports).
• Certificate of inheritance.

The Law “On Electronic Documents and Electronic Document Management” explicitly states that electronic documents cannot be denied either as a procedural document or evidence exclusively because it is in electronic form.

Last updated: September 2024