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Ukraine has legally recognized eSignatures since 2003 with The Law of Ukraine No.852-IV “On Electronic Digital Signature.”

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Electronic Signature Law

The Law of Ukraine No.852-IV “On Electronic Digital Signature” addresses the guidelines for eSignatures that must be met for a contract to be valid.

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Are eSignatures legal, admissible, and enforceable?

Yes.

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Summary of Law

Ukraine has a tiered eSignature legal model and recognizes digital signatures as a distinct type of eSignature. A contract is generally valid when the parties reach an agreement that is expressed verbally, in writing, by electronic means, or by any other technology, or by unambiguous signs.

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In some stances when the digital signatures are required, they need to meet the following criteria to be equivalent to handwritten signatures.

• The signature creation data is, within the context in which they are used, linked exclusively to the signatory
• The signature creation data is, at the time of signing, under the exclusive control of the signatory and of no other person
• Any alteration to the electronic signature, made after the time of signing, is detectable
• Any alteration made to the information (to which e-signature relates) after the time of signing is detectable

The tiered eSignature legal model in Ukraine allows companies to select the type of eSignatures to use while conducting their business.

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Key Restrictions

eSignatures are not recommended for:

• Certificates of heirship
• Documents which exist in original copy only ie passports and birth certificates
• Documents requiring notarization