The Law of Ukraine
On Electronic Documents and Electronic Documents Circulation
Date of Entry into Force:
December 28, 2004
The Law of Ukraine “On Electronic Documents and Electronic Documents Circulation” (hereinafter referred to as “the Law”) sets the fundamental organizational legal principles of electronic documents circulation and use of electronic documents.
The Cabinet of Ministers of Ukraine and other bodies of executive power within the limits defined by law shall implement the state policy on electronic documents circulation. State regulation in the sphere of electronic documents circulation aims at:
– implementation of uniform state policy on electronic documents circulation;
– ensuring rights and legal interests of subjects of electronic documents circulation;
– normative legal provision of technology of processing, making, transfer, receipt, storage, use and elimination of electronic documents.
Electronic document is the document in which information is fixed in the form of electronic data, including mandatory requisites of the document. Content of and procedure for placement of mandatory requisites of electronic documents shall be determined by the legislation. Electronic document may be made, transferred, stored and transformed into visual form by means of electronic devices. Visual form of representation of electronic document shall be the reflection of data, which it contains, by means of electronic devices or on paper in the form suitable for it perception by a human being.
Electronic signature is a mandatory requisite of electronic document, which is used for identification of maker and/or signatory of electronic document by other subjects of electronic documents circulation. Electronic signature completes creation of electronic document. Relations connected with use of electronic digital signatures shall be regulated by law. Subjects of electronic documents circulation shall use other types of electronic signatures in electronic documents circulation on contractual basis.
Electronic copy of the document with mandatory requisites, including electronic digital signature of the maker shall be considered as original of electronic document. In case of sending electronic document to several addressees, or it storage on several electronic information carriers each electronic copy shall be considered as original of electronic document.
Validity of electronic document shall not be denied exclusively due to its electronic form. Admissibility of electronic document as evidence shall not be denied due to its electronic form. Electronic document shall not be used as original certificate of inheritance – the document, which, according to the legislation, may be drafted only in one original, except for the cases of existence of centralized storage of original electronic documents, or in other cases envisaged by law.
Electronic documents circulation is the totality of the processes related to making, processing, sending, transfer, receipt, storage, use and elimination of electronic documents, which are performed applying integrity verification and, if required, with confirmation of fact of receipt of such documents. The procedure for electronic documents circulation shall be determined by state bodies, bodies of local self-government, enterprises, institutions and organizations of all ownership forms in compliance with the legislation.
Subjects of electronic documents circulation shall keep electronic documents on electronic information carriers in the form that enables to verify their integrity on these carriers. The electronic documents shall be kept on electronic information carriers not less than the respective paper documents.
Subjects of electronic documents circulation shall exercise rights and duties, which are set for them by the legislation of Ukraine. If in the process of organization of electronic documents circulation it is necessary to set additional rights and duties of subjects of electronic documents circulation, which are not determined by the legislation, such rights and duties may be established by these subjects on a contractual basis.