Mandatory Registration of All Legal Entities in the Unified Judicial Information and Telecommunication System: Law Adopted

On June 29, the Verkhovna Rada adopted in its entirety the Draft Law No. 7574-д of October 11, 2022 on amendments to some legislative acts of Ukraine regarding mandatory registration and use of electronic offices in the Unified Judicial Information and Telecommunication System or its separate subsystem (module), which ensures the exchange of documents. The Law introduces the obligation of all legal entities to register in the Unified Judicial Information and Telecommunication System (UJITS).

The text of the comparative table of the Draft Law for the second reading is available on the website of the parliament. We suggest to take a closer look at the changes made to the Economic Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine and some other acts

Concept of an “Electronic Cabinet”

An electronic cabinet is a personal cabinet (web service or other user interface) in a subsystem (module) of the Unified Judicial Information and Telecommunication System, through which a person who has passed electronic identification is granted access to information and services of the Unified Judicial Information and Telecommunication System or of its separate subsystems (modules), including the possibility of exchanging (sending and receiving) documents (including procedural documents, written and electronic evidence, etc.) between the court and the participants in the legal process, as well as between the participants in the legal process.

Electronic identification of a person is carried out using a qualified electronic signature or other means of electronic identification that make it possible to uniquely identify an individual.

 Mandatory Registration in the UJITS

Mandatory registration is stipulated for:

– lawyers, notaries, public and private executors, arbitration managers, court experts;

– state authorities and other state bodies, local self-government bodies;

– other legal entities.

Other persons, except those listed, may register their electronic accounts voluntarily.

Consequences of Registration in the UJITS

The court delivers any documents to a registered person in cases in which such a person participates exclusively in electronic form (including sending court decisions) by sending them to the electronic cabinet of such a person, which does not deprive them of the right to receive a copy of the court decision in paper form form on a separate application.

The court summons is sent to the electronic account of the relevant participant in the case, and in the case of their absence, together with a receipt by registered letter with notification of service or by courier to the address specified by the party or another participant in the case.

The above means that the document that appeared in the electronic cabinet shall be considered duly served

Ways of Submitting Documents to the Court

Registration in the UJITS does not remove the right to submit documents to the court in paper form.

A registered person may (i.e. is not obliged) to submit procedural, other documents, perform other procedural actions in electronic form exclusively with the help of the UJITS using one’s own electronic signature, equated to a handwritten signature in accordance with the Law of Ukraine “On Electronic Trust Services”, unless otherwise provided for by procedural codes.

So, currently, the legislator has not removed the choice of submitting documents to the court in paper or electronic form.

Consequences of Failure to Fulfill the Obligation to Register an Electronic Cabinet

To a person who is obliged to register an electronic account, but has not registered it, the court:

– returns an application for providing evidence;

– returns an application for securing a claim;

– refuses to issue a court order;

– returns the application for cancellation of the court order;

– does not take into account a revocation from such a person. The court has the right to consider the case based on the available materials if the revocation is submitted by a person who is obliged to register an electronic account, but has not registered it and has not provided valid reasons for not fulfilling this obligation;

– returns a written application (petition, objection) without consideration;

– leaves statements on the merits of the case without movement, in particular, a statement of claim, an appeal, a cassation complaint until the obligation (registration in the UJITS) is fulfilled. If the obligation is not fulfilled, the submitted document is returned.

It is important to note that similar procedural consequences are also applied by the court in cases where the interests of a person who, contrary to the requirements of the law, did not register an electronic account, are represented in the case by a lawyer.

Dates on Which Court Summonses and Judgments Are Considered Served

The day of delivery of a court decision or a court summons is:

1) the day of delivery of the court decision (summons) against the receipt;

2) the day the court receives a notification about the delivery of a copy of the court decision (summons) to the person’s electronic account;

3) the day on which a notification of refusal to receive a copy of a court decision (summons) or a notification of the absence of a person at the address of the location, place of residence or stay of the person registered in accordance with the law is placed in the postal message, if this person has not notified the court of a different address.

The day of service of the court decision is also the day of indicating the service of the court decision in the postal notification.

Introduction of Electronic Executive Documents

The court issues enforcement documents in paper or electronic form. The execution and issuance of executive documents is carried out by the court that made the relevant decision, in paper or electronic form through the UJITS. Simultaneous issuance by the court of an executive document to one and the same person in paper and electronic forms is not allowed.

In addition, the amendments to the Law of Ukraine “On Executive Proceedings” stipulate that documents of executive proceedings shall be sent exclusively in electronic form to bodies and persons who have electronic offices in the UJITS, which ensures the exchange of documents.

The Draft Law enters into force on the day following its publication and is put into effect 90 days after its publication, except for the provisions of the law regarding the mandatory registration by legal entities (private form of ownership) of electronic cabinets in the UJITS, which are put into effect after seven months from the date of publication of the Draft Law.