On 29 June 2023, the Ukrainian Parliament adopted Draft Law No. 7574-D "On Amendments to Certain Legislative Acts of Ukraine on Mandatory Registration and Use of Electronic Accounts in the Unified Judicial Information Telecommunication System by Legal Professionals, Legal Entities and Individual Entrepreneurs".
Under the new law, all private entrepreneurs and legal entities in Ukraine will be required to register their electronic accounts in the Unified Judicial Information and Telecommunication System within the stipulated timeframe:
- for commercial proceedings under the Commercial Procedural Code of Ukraine – within three months from the date when the law becomes effective;
- for civil and administrative proceedings under the Civil Procedural Code of Ukraine or the Code of Administrative Procedure of Ukraine – within seven months from the date when the law becomes effective.
If the required persons fail to register an electronic account in the Electronic Court System, the Ukrainian court will either put on hold, return or leave without consideration a respective procedural document filed by such an entity.
Moreover, if a case party submits documents to the court in electronic form using the Electronic Court System, this party will be exempted from the obligation to send paper copies of documents to the Ukrainian legal entity that did not create an electronic account.
It should be noted that the existing law already obliges attorneys, notaries, private bailiffs, bankruptcy managers, court experts, state and municipal authorities and legal entities to register accounts in the Electronic Court System. The new version of the law states what will happen if any of these parties fail to register.
The purpose behind the new law is to accomplish the following:
- to support digitalisation of the Ukrainian judiciary by obliging a higher number of case participants to utilise electronic accounts in the Electronic Court System during the consideration of their cases; and
- to implement measures set forth in the Strategy for the Development of the Justice System and Constitutional Justice for the years 2021–2023.
Despite the new law, it should be noted that not all courts have sufficient technical capacities, thus creating certain challenges for digitalisation of the Ukrainian judiciary.
The new law will take effect when signed by the President of Ukraine and officially published.
For more information regarding digital litigation in Ukraine, reach out to your usual CMS advisor or local CMS experts: Olga Shenk, Maria Orlyk.
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