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 type of electronic signatures in Ukraine:
Simple electronic signature.
Advanced electronic signature.
Qualified electronic signature.
Simple Electronic Signatures in Ukraine
The law defines electronic signature as electronic data attached to or logically associated with other electronic data and used by the signatory as a signature. Simple electronic signature is the one that does not fulifill a requirements of neither advanced nor qualified electronic signature.
Advanced Electronic Signatures in Ukraine
In Ukraine, the signature must comply with the following requirement to have a 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 the sole control of the signatory.
Any subsequent changes after signing shall be detected.
Advanced electronic signatures is commonly used in in 90% of cases and consists of the data that are collected by the state authorities and signatory’s private key.
Qualified Electronic Signatures in Ukraine
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, 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 to the qualified electronic signatures:
It shall comply with all the requirements to the advanced electronic signature.
It shall be created with qualified electronic signature device.
It shall be based on 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.
When the Traditional Signature Is Required?
There are a few situtions when use of electronic signature cannot replace the handwritten:
Documents issued only in one single original (i.e., passports).
Certificate of inheritance.
Electronic Signature Validity in Court
The Law “On electronic documents and electronic document management” explicitly states that electronic documents cannot be denied either as a procedural document or an evidence exclusively because it is in electronic form.
Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024
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