Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of December 1, 2022 No. 2801-IX

About modification of some legal acts of Ukraine concerning ensuring agreement signature between Ukraine and the European Union about mutual recognition of qualified electronic confidential services and implementation of the European Union law in the field of electronic identification

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 40-44, 356):

Part one of Article 32 to add 1) with Item 5 of the following content:

"5) independently to sign the agreement on receipt of electronic confidential services";

Article 207 part one in paragraph one the word "information and telecommunication" to replace 2) with the word "information and communication".

2. In the Economic Procedure Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

1) in Article 6 part eight:

in the paragraph the second words "own the digital signature, equated to the sign manual according to the Law of Ukraine "About electronic confidential services" shall be replaced with words "the qualified digital signature or with use of the means of electronic identification having high level of credibility according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services";

in paragraph three of the word of "digital signature" shall be replaced with words "the qualified digital signature or means of electronic identification having high level of credibility according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services";

Paragraph one of part eight of Article 42 to state 2) in the following edition:

"8. If documents are filed a lawsuit by participants of case or go to other participants of case electronically, such documents the qualified digital signature of the participant of case (his representative) according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services" is imposed;

3) in Article 60:

in word part three "(digital signature)" shall be replaced with words "(the qualified digital signature according to requirements of the law)";

in part eight of the word "signed by the digital signature according to" shall be replaced with words "on which the qualified digital signature according to requirements of the law is imposed and";

4) the first offer of part three of Article 91 to state in the following edition:

"3. Participants of case have the right to present written proofs in document type on which the qualified digital signature according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services is imposed";

5) the first offer of part two of Article 96 to state in the following edition:

"2. The electronic evidence is produced in the document form on which the qualified digital signature according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services is imposed";

The third and fourth Article 197 to state 6) to part in the following edition:

"3. Participants of case participate in judicial session in the video conference mode out of court house with use of own technical means and means of electronic identification having high level of credibility, according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services", according to the procedure, established by the Provision about Single judicial information and telecommunication system and/or provisions which determine procedure for functioning of its separate subsystems (modules).

4. During action of the quarantine established by the Cabinet of Ministers of Ukraine according to the Law of Ukraine "About protection of the population against infectious diseases" participants of case can participate in judicial session in the video conference mode out of court house with use of own technical means. Confirmations of the identity of the participant of case it is performed with use of the means of electronic identification having high level of credibility, according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services", and in case of their absence - according to the procedure, determined by the Law of Ukraine

Paragraph two of part eight of Article 233 to state 7) in the following edition:

"Judgments are stated electronically with use of Single judicial information and communication system, by filling of the corresponding forms of procedural documents, according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules), and will be promulgated according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules). On the judgment stated electronically the qualified digital signature of the judge (in case of joint consideration - qualified digital signatures of all judges who are part of board) is imposed";

To state paragraph two of part one of Article 327 in the following edition:

"Orders of court are stated electronically with use of Single judicial information and communication system, by filling of the corresponding forms of procedural documents, according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules), and will be promulgated according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules). On the order of court stated electronically the qualified digital signature of the judge (in case of joint consideration - qualified digital signatures of all judges who are part of board) is imposed";

The word "information and telecommunication" in all cases and numbers to replace 9) in the text of the Code with the word "information and communication" in the corresponding case and number.

3. In the Code of civil procedure of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

1) in Article 14 part eight:

in the paragraph the second words "own the digital signature, equated to the sign manual according to the Law of Ukraine "About electronic confidential services" shall be replaced with words "the qualified digital signature or means of electronic identification having high level of credibility according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services";

Paragraph one of part eight of Article 43 to state 2) in the following edition:

"8. If documents are brought by participants of case into court or go to other participants of case electronically, on such documents the qualified digital signature of the participant of case (his representative) according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services" is imposed;

3) in Article 62:

in word part three "(digital signature)" shall be replaced with words "(the qualified digital signature)";

in part seven of the word "signed by the digital signature according to" shall be replaced with words "on which the qualified digital signature according to requirements of the law is imposed and";

4) in the first offer of part three of Article 95 of the word "certified by the digital signature equated to the sign manual according to the law" shall be replaced with words "on which the qualified digital signature according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services" is imposed;

"The certified digital signature equated to the sign manual according to the Law of Ukraine "About electronic confidential services" shall be replaced with words 5) in the first offer of part two of Article 100 of the word "on which the qualified digital signature according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services is imposed";

The third and fourth Article 212 to state 6) to part in the following edition:

"3. Participants of case participate in judicial session in the video conference mode out of court house with use of own technical means and means of electronic identification having high level of credibility, according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services", according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules).

4. During action of the quarantine established by the Cabinet of Ministers of Ukraine according to the Law of Ukraine "About protection of the population against infectious diseases" participants of case can participate in judicial session in the video conference mode out of court house with use of own technical means. Confirmations of the identity of the participant of case it is performed with use of the means of electronic identification having high level of credibility, according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services", and in case of their absence - according to the procedure, determined by the Law of Ukraine "About the Unified state demographic register and documents which confirm citizenship of Ukraine, prove the identity or her special status" or Public judicial administration of Ukraine;

Paragraph two of part eight of Article 259 to state 7) in the following edition:

"Judgments are stated electronically with use of Single judicial information and communication system, by filling of the corresponding forms of procedural documents, according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules), and will be promulgated according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules). On the judgment stated electronically the qualified digital signature of the judge (in case of joint consideration - qualified digital signatures of all judges who are part of board) is imposed";

To state paragraph two of part one of Article 431 in the following edition:

"Writs of execution give all the best electronically with use of Single judicial information and communication system, by filling of the corresponding forms of the procedural documents provided by the Provision about Single judicial information and communication system. On the writ of execution stated electronically the qualified digital signature of the judge (in case of joint consideration - qualified digital signatures of all judges who are part of board) is imposed";

The word "information and telecommunication" in all cases and numbers to replace 9) in the text of the Code with the word "information and communication" in the corresponding case and number.

4. In the Code of administrative legal proceedings of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

1) in Article 18 part eight:

in the paragraph the second "own digital signature equated to the sign manual according to the Law of Ukraine "About electronic confidential services" shall be replaced with words words "the qualified digital signature or means of electronic identification having high level of credibility according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services";

in paragraph three of the word of "digital signature" shall be replaced with words "the digital signature or means of electronic identification";

2) the first offer of part ten of Article 44 to state in the following edition:

"10. If documents are filed a lawsuit by participants of case or go to other participants of case electronically, the qualified digital signature of the participant of case (his representative) according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services" is imposed on such documents;

3) in Article 59:

in word part three "(digital signature)" shall be replaced with words "(the qualified digital signature)";

in part seven of the word "signed by the digital signature according to" shall be replaced with words "on which the qualified digital signature according to requirements of the law is imposed and";

4) in the first offer of part three of Article 94 of the word "certified by the digital signature equated to the sign manual according to the law" shall be replaced with words "on which the qualified digital signature according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services" is imposed;

"The certified digital signature equated to the sign manual according to the Law of Ukraine "About electronic confidential services" shall be replaced with words 5) in the first offer of part two of Article 99 of the word "on which the qualified digital signature according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and" About electronic identification and electronic confidential services is imposed";

The third and fourth Article 195 to state 6) to part in the following edition:

"3. Participants of case participate in judicial session in the video conference mode out of court house with use of own technical means and means of electronic identification having high level of credibility, according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services", according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules).

4. During action of the quarantine established by the Cabinet of Ministers of Ukraine according to the Law of Ukraine "About protection of the population against infectious diseases" participants of case can participate in judicial session in the video conference mode out of court house with use of own technical means. Confirmations of the identity of the participant of case it is performed with use of the means of electronic identification having high level of credibility, according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services", and in case of their absence - according to the procedure, determined by the Law of Ukraine "About the Unified state demographic register and documents which confirm citizenship of Ukraine, prove the identity or her special status" or Public judicial administration of Ukraine";

Paragraph two of part ten of Article 243 to state 7) in the following edition:

"Judgments are stated electronically with use of Single judicial information and communication system, by filling of the corresponding forms of procedural documents, according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules), and will be promulgated according to the procedure, determined by the Provision about Single judicial information and communication system and/or provisions which determine procedure for functioning of its separate subsystems (modules). On the judgment stated electronically the qualified digital signature of the judge (in case of joint consideration - qualified digital signatures of all judges who are part of board) is imposed";

To state paragraph two of part one of Article 373 in the following edition:

"Writs of execution give all the best electronically with use of Single judicial information and communication system, by filling of the corresponding forms of the procedural documents provided by the Provision about Single judicial information and communication system. On the writ of execution stated electronically the qualified digital signature of the judge (in case of joint consideration - qualified digital signatures of all judges who are part of board) is imposed";

The word "information and telecommunication" in all cases and numbers to replace 9) in the text of the Code with the word "information and communication" in the corresponding case and number.

5. In the Code of Ukraine on insolvency proceedings (To the sheet of the Verkhovna Rada of Ukraine, 2019, No. 19, the Art. 74):

1) in item 4 of part three of Article 69 of the word of "means of telecommunication" shall be replaced with words "means of electronic communications";

2) in Item 1 2 of the Section "Final and Transitional Provisions":

the second offer of paragraph two to state in the following edition:

"If the participant of the meeting (committee) of creditors has no qualified the digital signature, confirmation of the identity of such participant is performed according to the procedure, determined by the Law of Ukraine "About the Unified state demographic register and documents which confirm citizenship of Ukraine, prove the identity or her special status";

the ninth offer of the paragraph of third to state in the following edition: "the decision of the survey participant together with the documents confirming its powers with imposing of the qualified digital signature of the authorized person goes to e-mail or by means of electronic confidential service of the registered electronic delivery to the initiator of poll.

6. In the Electoral code of Ukraine (The Russian Federation Code, 2020, Art. No. No. 7-9, 48):

1) in Article 18:

in part nine of the word "About Electronic Confidential Services" shall be replaced with words "About electronic identification and electronic confidential services";

the tenth to state part in the following edition:

"10. The documents provided by this Code can move in the electoral commission in electronic form taking into account the features provided by this Code. In that case documents shall conform to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services". Responsibility for reliability of copies of the documents submitted to the electoral commissions in electronic form carries person who imposes the qualified digital signature on the document";

The second parts five of Article 36 of the word of "telecommunication communication" shall be replaced with words 2) in the paragraph "electronic communications";

3) the third offer of part four of Article 111 to state in the following edition: "in case of submission of such statement means of e-mail or by means of electronic confidential service of the registered electronic delivery to it impose the qualified digital signature of the candidate according to requirements of the Law of Ukraine" About electronic identification and electronic confidential services";

The paragraph third to state 4) to part two of Article 155 in the following edition:

"In that case on the copy of the documents provided by part one of this Article the qualified digital signature of the head of the corresponding batch according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services is imposed";

5) the third offer of part seven of Article 166 to state in the following edition: "in case of submission of such statement means of e-mail or by means of electronic confidential service of the registered electronic delivery to it impose the qualified digital signature of the candidate according to requirements of the Law of Ukraine" About electronic identification and electronic confidential services";

Paragraph two of part five of Article 222 to state 6) in the following edition:

"In that case the documents provided by part one of this Article are presented in the form of copies on which the qualified digital signature of the head of the relevant organization of batch and/or the corresponding candidate according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services" is imposed;

7) in Article 223 part five:

state paragraph two in the following edition:

"In that case the documents provided by part one of this Article are presented in the form of copies on which the qualified digital signature of the head of the relevant organization of batch and/or the corresponding candidate according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services" is imposed;

the second offer of the paragraph of third to state in the following edition: "In that case the qualified digital signature of the corresponding candidate according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services is imposed on the documents provided by Items 4-7 of part one and part two of this Article";

8) in Article 224 part five:

state paragraph two in the following edition:

"In that case the documents provided by part one of this Article are presented in the form of copies on which the qualified digital signature of the head of the relevant organization of batch and/or the corresponding candidate according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services" is imposed;

the second offer of the paragraph of third to state in the following edition: "In that case the qualified digital signature of the corresponding candidate according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services is imposed on the documents provided by Items 4-7 of part one and part two of this Article";

Paragraph two of part of the sixteenth Article 236 to state 9) in the following edition:

"On the copy of the documents provided by this Article, provided by means of electronic services the qualified digital signature according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services is imposed".

7. Regarding the thirty first article 16 of the Law of Ukraine "About foreign economic activity" (Sheets of the Supreme Council of USSR, 1991, No. 29, Art. 377 with subsequent changes) shall be replaced with words the words "certified by the digital signature" "on which the digital signature according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services is imposed".

8. In article 34-1 of the Law of Ukraine "About traffic" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 31, Art. 338; 2015, No. 35, Art. 343; 2018, No. 15, St. 120; 2021, No. 23, Art. 197):

in the first offer of part two of the word "the digital signature or other alternative means of identification of the personality" shall be replaced with words "means of electronic identification, having average or high level of credibility, according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services";

in the first offer of part three of the word of "digital signature" shall be replaced with words "the means of electronic identification having the high or average level of trust according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services".

9. Part the fourth article 3 of the Law of Ukraine "About notariate" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 39, of Art. 383 with subsequent changes) after the words "except accomplishment of function of mediator, teaching, scientific and creative activities" to add with words" registration of subscribers according to the legislation in the field of electronic confidential services.

10. In the Law of Ukraine "About protection of the rights to industrial designs" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 7, Art. 34; 2020, No. 45, Art. 387, No. 51, Art. 481):

Item 11 of Article 2-1 to state 1) in the following edition:

"11. On documents, accepts or claims according to this Law NOIS, the qualified digital signature, according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services" is used. Submission of documents electronically to NOIS and issue of documents to them are electronically performed according to requirements of the laws of Ukraine "About electronic documents and electronic document management", "About electronic identification and electronic confidential services", this law and rules established by the central executive body providing forming of state policy in the field of intellectual property";

The paragraph third Item 1 of Article 11 to state 2) in the following edition:

"According to the applications submitted electronically the electronic clerical work according to requirements of the Law of Ukraine" About electronic documents and electronic document management", this law and rules established by the central executive body providing forming and realizing state policy in the field of intellectual property is performed. On requests the qualified digital signature or the advanced digital signature which is based on the qualified digital signature certificate of the applicant (the representative for intellectual property or other authorized representative of the applicant), according to requirements of the Law of Ukraine "About electronic identification and electronic confidential services" is electronically imposed.

11. In the Law of Ukraine "About protection of the rights to signs for goods and services" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 7, Art. 36; 2020, No. 45, Art. 387, No. 51, Art. 481):

Item 11 of Article 2-1 to state 1) in the following edition:

"11. On electronic documents that accepts or claims according to this Law NOIS, the qualified digital signature according to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services" is imposed;

The paragraph third Item 1 of Article 7 to state 2) in the following edition:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info