Ukraine has positioned itself as a progressive country in the realm of digital transformation, and the legal framework for electronic signatures is a cornerstone of this movement. The core principle of Ukrainian law is technology neutrality for electronic documents, meaning a document’s legal validity cannot be denied simply because it is in electronic form. However, not all electronic signatures are created equal. The legal system operates on a tiered model, with a Qualified Electronic Signature (QES) holding the highest legal standing, equivalent to a traditional handwritten (“wet-ink”) signature.
This article provides a comprehensive overview of the electronic signature legal landscape in Ukraine, detailing the applicable laws, the different types of signatures, the documents that can and cannot be signed digitally, and the recent notable legislative changes aligning Ukraine with the European Union’s standards.
Legal Framework and E-Signature Types
The legal force and application of electronic signatures and electronic documents in Ukraine are primarily governed by two key laws:
1. The Law of Ukraine “On Electronic Documents and Electronic Document Management” (No. 851-IV).
2. The Law of Ukraine “On Electronic Identification and Electronic Trust Services” (No. 2155-VIII), often referred to as the ETS Law, aligns Ukrainian legislation with the EU’s eIDAS Regulation (Regulation (EU) No 910/2014).
These laws define three main types of electronic signatures, each with a different level of legal effect and enforceability:
| Signature Type | Legal Effect | Use Cases & Requirements |
| Simple Electronic Signature (SES) | Generally, no explicit legal effect. Admissible in court only with prior written agreement between the parties providing for its use. | Low-risk internal or commercial agreements, but use must be pre-agreed upon in a paper form contract with handwritten signatures. |
| Advanced Electronic Signature (AES) | Medium level of trust. Can be used in certain sector-specific rules (e.g., banking). Temporarily, under martial law, an AES generated based on a qualified certificate can have the same legal standing as QES (with exceptions). | Higher security than SES. Used when the law does not explicitly require a QES, but parties seek enhanced authentication. |
| Qualified Electronic Signature (QES) | Highest legal standing. Has the same legal force as a handwritten signature on a paper document and a presumption of enforceability. | Mandatory for transactions with state and municipal authorities, and where notarization is legally required. Widely adopted for high-risk transactions and commercial contracts. |
Documents That Can Be Signed Electronically
In general, most types of agreements and documents in the B2B (business-to-business), B2C (business-to-consumer), and B2G (business-to-government) sectors can be legally signed using a Qualified Electronic Signature (QES).
Commercial and Private Transactions
A QES is generally sufficient to sign the vast majority of commercial contracts, making the digital execution of documents a standard practice. This includes, but is not limited to:
A. Commercial Agreements: Non-Disclosure Agreements (NDAs), sales contracts, procurement documents, and supply agreements.
B. Transaction Documents: Invoices, acts of acceptance of services/works, delivery notes, and internal corporate documents.
C. Labor Relations: Many HR documents that do not require paper-form retention for archiving (though certain statutory HR documents are restricted—see below).
D. Judicial Filings: Electronic evidence and procedural documents submitted to the court system, often requiring QES.
For commercial contracts, even an AES can be legally effective, provided the contracting parties have an express agreement on its use. However, for maximum enforceability and legal certainty in case of a dispute, QES is strongly recommended.
Interactions with State Bodies
A QES is explicitly required for any official interaction with state or municipal authorities, state-owned companies, and for filing electronic reports (such as tax declarations) to the government. This ensures the highest level of trust and authentication when dealing with the public sector.
Documents That Cannot Be Signed Electronically
Despite the broad applicability of e-signatures, Ukrainian law still requires a traditional handwritten (wet-ink) signature for a defined, narrow list of documents, primarily due to technical limitations or specific legal requirements for physical uniqueness.
Documents Requiring Wet-Ink or Encountering Technical Limitations
The following documents either cannot be signed electronically or are, in practice, impossible to execute digitally due to a lack of technical capability or established procedures:
Documents Requiring Notary Certification and/or State Registration (in Practice):
While the ETS Law allows for notaries to use QES, the notary process in Ukraine has historically lacked the necessary technical capability to fully certify and register such documents electronically. In practice, this currently excludes agreements that legally require mandatory state registration or notary certification, such as:
- I. Real Estate Transactions (e.g., agreements on the sale and purchase of real estate for three or more years).
- II. Agreements on Security (e.g., mortgages or pledges that require state registration).
Documents Executed Only in One Original:
- I. Documents that, according to the legislation, can only exist as one original physical item, such as:
- II. Passports and other forms of identity documents.
- III. Certificates of Birth, Marriage, or Death.
- IV. Certificates of Inheritance.
Specific HR and Archiving Documents:
- I. Certain Human Resources documents are required to be kept in paper form for statutory retention or archiving purposes, such as:
- II. Employment Record Books (though digital alternatives are being introduced).
- III. Personnel Dossiers.
- IV. Protocols of meetings of specific internal committees.
In summary, any document where the law explicitly demands a physical, singular original, or which requires notarization that cannot be technically completed electronically, must currently be executed with a wet-ink signature.
Notable Changes and Harmonization with the EU (2024-2025)
The legal landscape in Ukraine is dynamic, with ongoing efforts to align national law with European Union standards, a key component of the country’s broader European integration strategy. The period of 2024-2025 has seen several notable legislative developments, often driven by the need to harmonize with the EU’s eIDAS Regulation.
1. EU Alignment and Cross-Border Recognition
Ukraine has made significant strides toward the mutual recognition of electronic trust services with the EU.
- A. Recognition of EU Signatures in Ukraine: As of January 2023, EU Qualified Electronic Signatures (EU QES) are officially recognized as fully meeting the requirements of Ukrainian legislation and are equivalent to a Ukrainian QES. This facilitates cross-border business for European entities operating in Ukraine.
- B. Ukrainian QES in the EU: The European Commission included Ukrainian QES on its trusted list in 2023. This is an ongoing process of integration, with a new work plan between Ukraine and the EU anticipating the automatic recognition of all Ukrainian electronic identification means in the EU starting in 2027. This milestone will greatly simplify paperwork, contracting, and interaction with European institutions for Ukrainian citizens and businesses.
2. Temporary Provisions During Martial Law
During the period of martial law in Ukraine, a temporary legal provision was introduced to maintain the continuity of digital services:
- A. Expanded Use of AES: Advanced Electronic Signatures (AES) based on a qualified public key certificate (but not stored in a secure token, a QESD) are temporarily granted the same legal standing as a QES. This provision has specific exceptions and cannot be used by public authorities, notaries, or critical infrastructure facilities.
3. New Regulatory Acts (2024-2025)
The Cabinet of Ministers has adopted numerous resolutions in late 2023 and 2024 to flesh out the regulatory framework, including:
- I. Procedures for Conformity Assessment in the field of Electronic Trust Services.
- II. Updated Requirements for the use of electronic trust services in state bodies and enterprises.
- III. Amendments to the Regulations of Qualified Providers, such as the State Tax Service, to incorporate international cryptographic algorithms (e.g., RSA and ECDSA).
These changes all point to a consistent governmental strategy of solidifying the legal position of e-signatures, increasing their accessibility and security, and ensuring full interoperability with the European digital single market.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
- The Law of Ukraine No. 2155-VIII “On Electronic Identification and Electronic Trust Services.”
- The Law of Ukraine No. 851-IV “On Electronic Documents and Electronic Document Management.”
- Cabinet of Ministers of Ukraine Resolutions and Decrees related to the implementation of the ETS Law and the “Trusted List” (e.g., Resolution No. 764 of June 28, 2024, on electronic identification and electronic trust services).
- Civil Code of Ukraine, Article 207 (on the form of transactions).
