eSignature Legality in Ukraine

E-Signature Legality Summary

This guide explains the electronic-signature framework in Ukraine, including the governing laws, legal effect, accepted signature methods, validity requirements, exclusions and practical business uses.

Applicable Laws

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

Legal Status

Electronic records and signatures receive legal recognition in Ukraine under Law of Ukraine No. 2155-VIII on Electronic Trust Services. The signing process must also satisfy every document-specific rule on identity, evidence, delivery, retention, witnessing, notarization, registration or filing.

Regulatory Authority

Ministry of Digital Transformation of Ukraine

Legal Recognition (Effect)

The legal effect of an electronic signature is assessed under Law of Ukraine No. 2155-VIII on Electronic Trust Services. The assessment covers signer intent, reliable attribution, integrity of the signed record and compliance with every prescribed form for the document or transaction.

Accepted Types of Electronic Signatures

QES

Advanced electronic signature (UEP) - similar to the EU AES.

The UEP is based on a qualified electronic signature certificate and is likewise a reliable tool for ensuring the security of electronic documents. It is used in cases where confirmation of a document's authenticity and integrity is required, but the security requirements are not as strict as for a QES.

Legal Requirements for Electronic Signatures

Advanced electronic signature (UEP) - similar to the EU AES.

A legally effective signing process should preserve evidence of:

• the signer's intention to sign and the parties' consent to use an electronic process;
• reliable identification and attribution of the signature to the signer;
• integrity of the signed record and detection of later changes;
• delivery of, access to and reproduction of the final signed record;
• timestamps, authentication events and a complete audit trail; and
• every certificate, witness, notarization, registration, filing or retention requirement that governs the transaction.

Limitations and Exceptions

Ukrainian law also provides for certain exceptions, generally involving fundamental personal rights and public order. These include:

The creation and amendment of wills.

The conclusion and dissolution of marriage (although a pilot of electronic marriage registration is under discussion).

Specific documents involving family law and inheritance law (such as adoption agreements).

Documents that the law expressly requires to be executed in person before a notary (such as certain types of real-property transaction contracts).

Industry Applications and Typical Use Cases

Supported in many scenarios.

Ukrainian citizens can obtain and use a state-issued qualified electronic signature (known as Дія.Підпис) through the Diia app.