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LAW OF UKRAINE

of June 29, 2023 No. 3200-IX

About modification of some legal acts of Ukraine of rather obligatory registration and use of electronic offices in the Single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents

The Verkhovna Rada of Ukraine DECIDES:

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

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

The fifth - the ninth Article 6 to state 1) to part in the following edition:

"5. The court sends judgments and other procedural documents to participants of legal procedure to their electronic offices, makes other legal proceedings electronically using the single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents, according to the procedure, determined by this Code, Regulations on single judicial information and telecommunication system and/or the provisions determining procedure for functioning of its separate subsystems (modules).

The electronic office is personal office (web service or other user interface) in subsystem (module) of Single judicial information and telecommunication system by means of which the information access and to services of Single judicial information and telecommunication system or its separate subsystems (modules), including possibility of exchange (sending and obtaining) by documents (including procedural documents, written and electronic proofs, etc. is provided to person which underwent electronic identification) between court and participants of legal procedure, and also between participants of legal procedure. Electronic identification of person is performed with use of the qualified digital signature or other means of electronic identification which allow to identify the personality unambiguously.

6. Lawyers, notaries, the state and private contractors, arbitration managers, court experts, public authorities and other state bodies, local government bodies, other legal entities register the electronic offices in the Single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents, without fail. Other persons register the electronic offices in the Single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents in voluntary procedure.

The procedural effects provided by this Code in case of appeal to the court with the document of person who according to this part shall register electronic office, but did not register it, are applied by court also in cases if the interests of such person in case are represented by the lawyer.

If registration of electronic office in the Single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents contradicts religious beliefs of person obliged it to register according to this part, the procedural effects of appeal to the court by such person provided by this Code without registration of electronic office in the form of leaving of its document without movement, its return or leaving without consideration are not applied provided that person declared such circumstances along with submission of the relevant document by submission of the separate reasonable written application.

7. To person which registered electronic office in the Single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents, the court hands any documents on cases in which such person participates, exclusively electronically by their direction in electronic office of such person which is not depriving of it the right to receive the copy of the judgment in paper form according to the separate statement.

8. Registration in the Single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents does not deprive of the right to submission of documents in court in paper form.

Person which registered electronic office in the Single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents can file procedural, other documents, make other legal proceedings electronically only by means of the single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents with use of own digital signature equated to the sign manual according to the Law of Ukraine "About electronic confidential services" if other is not provided by this Code.

Features of use of the digital signature in the Single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents are determined by Regulations on single judicial information and telecommunication system and/or the provisions determining procedure for functioning of its separate subsystems (modules).

If this Code establishes the requirement of specifying in contents of the procedural document of data on availability or lack of electronic office, person who is filing a lawsuit the relevant procedural document electronically through electronic office is exempted from obligation of specifying of the corresponding data.

9. The court carries out consideration of legal case on materials in the forms determined by Regulations on single judicial information and telecommunication system and/or the provisions determining procedure for functioning of its separate subsystems (modules)";

Part the seventh Article 42 to state 2) in the following edition:

"7. If this Code provides obligation of the participant of case on sending copies of documents to other participants of case, such documents electronically can go with use of the single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents, way of the direction to electronic office of other participant of case, and in case of absence at other participant of case of electronic office or lack of data on availability at other participant of case of electronic office - in paper form the letter with the inventory of investment.

If other participant of case according to part six of article 6 of this Code register electronic office, but did not register it, the participant of case who is filing a lawsuit documents electronically with use of electronic office is exempted from obligation of sending copies of documents to such participant of case.

Court, sending to such participant of case judicial challenges and notifications, determinations in the cases provided by this Code notes in these documents on obligation of such person to register the electronic office and about access to case papers through the single judicial information and telecommunication system or its separate subsystem (module) providing exchange of documents";

Part the fifth Article 46 to state 3) in the following edition:

"5. In case of submission of any statement, stipulated in Item 2 parts two, part three or the fourth this Article, are filed a lawsuit proofs of the direction of copies of such statement and documents attached to it to other participants of case. Such sending can be performed electronically through electronic office taking into account Article provisions 42 of this Code. In case of non-presentation of such proofs the court does not take cognizance and returns to the applicant the corresponding application about what it notes in the resolution";

Part one of Article 51 to state 4) in the following edition:

"1. If as a result of adoption of the judgment the party can acquire the right concerning the third party or the third party can impose requirements to the party, such party shall inform this person on opening of proceeedings and file a lawsuit the statement for attraction it to participation in case as the third party who is not declaring independent requirements for matter in issue. Proofs of the direction of its copy to person about which attraction as the third party the application, taking into account Article provisions 42 of this Code is submitted are enclosed to such application".

5) in Article 111:

2 parts one to state Item in the following edition:

"2) full name (for legal entities) or name (surname, name and middle name) (for physical persons) the applicant, its location (for legal entities) either the residence or stay (for physical persons), the postal index, identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, registration number of accounting card of the taxpayer (for physical persons) in case of its availability or number and series of the passport (for physical persons - citizens of Ukraine), numbers of means of communication, the e-mail address (in the presence), data on availability or lack of electronic office";

the fourth to add part with the paragraph the second the following content:

"The court returns the application for providing proofs to the applicant also having determined that the application is submitted by person who according to part six of article 6 of this Code shall register electronic office, but did not register it";

Paragraph two of part seven of Article 120 to state 6) in the following edition:

"In case of lack of the statement for change of the residence determination about the message or challenge goes to participants of legal procedure who have no electronic office and whom the address cannot inform by means of other means of communication providing fixing of the notification or challenge on the last known court and it is considered handed even if the corresponding participant of legal procedure to this address is not any more or does not live or is not";

Item 2 parts one of Article 139 to state 7) in the following edition:

"2) full name (for legal entities) or name (surname, name and middle name) (for physical persons) the applicant, its location (for legal entities) either the residence or stay (for physical persons), the postal index, identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, registration number of accounting card of the taxpayer (for physical persons) in case of its availability or number and series of the passport (for physical persons - citizens of Ukraine), numbers of means of communication, the e-mail address (in the presence), data on availability or lack of electronic office";

8) the seventh Article 140 to add part with the paragraph the second the following content:

"The court returns the application for providing the claim to the applicant also having determined that the application is submitted by person who according to part six of article 6 of this Code shall register electronic office, but did not register it";

9) in Article 150:

2 parts two to state Item in the following edition:

"2) full name (for legal entities) or name (surname, name and middle name) (for physical persons) the applicant and the debtor, their location (for legal entities) either the residence or stay (for physical persons), identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine the applicant and the debtor, registration number of accounting card of the taxpayer of the applicant and debtor (for physical persons) in case of its availability or number and series of the passport of the applicant and debtor (for physical persons - citizens of Ukraine), specifying on the status of the physical person - the entrepreneur (for physical persons entrepreneurs), and also other data if they are known to the applicant, identifying the debtor, data on availability or absence at the applicant of electronic office";

the fourth to state part in the following edition:

"4. If the application is submitted electronically through electronic office to the debtor who has the registered electronic office, the applicant shall file further any procedural and other documents connected with consideration of its statement, exclusively electronically";

10) in Article 152:

add part one with Item 2-1 of the following content:

"The 2nd 1) the application is submitted by person who according to part six of article 6 of this Code shall register electronic office, but did not register it";

the fourth to state part in the following edition:

"4. The judge for the purpose of determination of cognizance no later than the next day from the date of receipt of the statement for issue of the writ checks the location of the debtor specified in the statement according to the data entered in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming";

Part one of Article 153 to state 11) in the following edition:

"1. The refusal in issue of the writ on the bases provided by Items 1, of 2, 2-1, 8, 9 parts one of Article 152 of this Code is not obstacle for the repeated address with the same statement according to the procedure, established by this Section, after elimination of its shortcomings";

Part third of Article 155 to state 12) in the following edition:

"3. The writ is constituted and signed by the judge in duplicate, one of which remains in court, and the second is issued on receipt or goes to the claimant electronically to its electronic office, and in case of lack of electronic office - the registered mail with the assurance of receipt or the registered letter with the description of its introduction enclosed later in legal force";

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