The Law of Ukraine
On Electronic Digital Signature
Date of Entry into Force:
January 1, 2004
The Law of Ukraine “On Electronic Digital Signature” (hereinafter referred to as “the Law”) determines legal status of electronic digital signature and regulates relations that arise during use of electronic digital signature. The Law shall not apply to the relations that arise during use of other types of electronic signature, including transfer in a digital form of imprint of own signature.
The subjects of legal relations in the field of services of electronic digital signature are:
- center for specification of keys;
- accredited center for certification of keys;
- central attesting body;
- certifying center of the body of executive power or other state body;
- controlling body.
Electronic digital signature is equaled to own signature by its legal status provided that:
– electronic digital signature is confirmed with use of a consolidated certificate of key by means of reliable devices of digital signature;
– during the verification a consolidated certificate of key, which is valid for the moment of putting electronic digital signature, was used;
– a signatory’s personal key corresponds to the open key indicated in the certificate.
Electronic digital signature is intended for ensuring activity of natural persons and legal entities, which is carried out using electronic documents. Electronic digital signature is used by natural persons and legal entities – subjects of electronic documents circulation for identification of the signatory and confirmation of integrity of data in electronic form. Use of electronic digital signature does not change the procedure for signing of agreements and other documents, which are set by law, for commitment of legal proceedings in a written form. Notary actions on attestation of authenticity of electronic digital signature on electronic documents are conducted according to the procedure set by law.
Bodies of state power, bodies of local self-government, state-owned enterprises, institutions and organizations use only consolidated certificate of key for attestation of validity of the open key. Other legal entities and natural persons may on contractual basis attest authenticity of opened key by the certificate of key formed by the center for certification of keys, as well as use electronic digital signature without the certificate of key.
The certificate of key contains the following obligatory data:
– name and requisites of the center for certification of keys;
– indication that the certificate was issued in Ukraine;
– unique registration number of the certificate of key;
– basic data (requisites) of the signatory – the owner of personal key;
– date and time of beginning and end of the term of validity of the certificate, etc.
The signatory is entitled to and shall:
– demand cancellation, blocking or renewal of its certificate of key;
– appeal actions or inactivity of the center for certification of keys according to judicial proceedings;
– keep personal key secret, etc.
The center for certification of keys may be a legal entity regardless of ownership form or a natural person who is the subject of entrepreneurial activity, renders the services of electronic digital signature and certified his/her open key in the central certifying body or certifying center observing the requirements of this Law. The center for certification of keys, which is accredited according to set by law procedure, is the accredited center for certification of keys. If required, the Cabinet of Ministers of Ukraine determines the certifying center of the central body of executive power in order to ensure registration, attestation of validity of open keys and accreditation of the group of centers for certification of keys, which render services of electronic digital signature to this body and subordinated to it enterprises, institutions and organizations.
The functions of supervisory body are performed by the specially authorized central body of executive power in the field of cryptographic protection of information. The supervisory body verifies observation of the requirements of this Law by the central certifying body, certifying centers and centers for certification of keys. In the event of non-fulfillment or improper fulfillment of duties and reveal of violations of the requirements set by the legislation for the center for certification of keys, certifying center, the supervisory body shall give instruction to the central certifying body to take envisaged by law measures immediately.
The accredited center for certification of keys cancels formed by it strengthened certificate of key immediately provided that:
– term of validity of the certificate of key has terminated;
– the owner of key is recognized incapable according to the decision of court;
– the owner of key has provided untrustworthy information;
– personal key is discredited, etc.
The center for certification of keys stops its activity according to the legislation. The center for certification of keys shall notify the signatories of the decision on termination of its activity three month prior, unless other terms are determined by the legislation. The signatories have the right to choose up to them any center for certification of keys for further servicing, unless otherwise is envisaged by the legislation. The center for certification of keys does not have the right to issue new certificates of keys after the notification of termination of its activity. All certificates of keys that were issued by the center for certification of keys shall be cancelled after the termination of its activity.
Foreign certificates of keys, which are certified according to the legislation of those states where they were issued, are recognized valid in Ukraine according to the procedure set by law.