Mandatory Registration in the E-Court: A Necessary Step for all Ukrainian Legal Entities from 21 February 2024

At S&P Agency Investment Risk Management , our pledge is to equip you with the vital information that shapes your business decisions. Underscoring our ongoing commitment to guiding you through Ukraine's complex business landscape, we bring attention to an imminent, critical change in the Ukrainian judicial system.

From February 21, 2024, all private legal entities will be required to maintain an electronic office within the Unified Judicial Information and Telecommunication System (EJITS). This legal obligation expands to those engaging in civil and administrative proceedings, though the new regulation imposes no penalties for non-compliance.

The judiciary of Ukraine announced this crucial update via its website. It is introduced by Law of Ukraine No. 3200-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Mandatory Registration and Use of Electronic Cabinets in the Unified Judicial Information and Telecommunication System or its Separate Subsystem (Module) That Ensures Exchange of Documents."

This regulatory modification evolves in phases under the directive of Law of Ukraine No. 3200-IX, with civil and administrative proceedings for private legal entities becoming mandatory from February 21, 2024.

Through the electronic office, legal entities will have a platform for exchanging procedural documents, written and electronic evidence, among other documentation, between the court and the litigators. Moreover, an individual’s electronic identity will be authenticated via a qualified electronic signature or other suitable electronic identification methods providing unequivocal individual identification.

Under the new law, a person who is legally obliged to register an electronic account but fails to does so will face repercussions. The court will neither process nor return their documents, contingent upon the document type. However, by following thishttps://id.court.gov.ua/, registration of an electronic cabinet in the EJITS is straightforward.

Detailed guidelines for the Electronic Cabinet's registration can be found under section 4 'Registration and authorization of users' in the EJITS Electronic Court User's Manual, available at this https://id.court.gov.ua/

One may wonder about the implications of non-compliance. Practically, failure to register an electronic account will mean that your legal entity must include additional details when submitting applications, petitions, responses or lawsuits to the court.

For those planning to file lawsuits post July 21, 2023, note that a registered electronic office in EJITS enables you to use your KEP or UEP for electronically submitting procedural documents and accomplishing other procedural actions. However, an EJITS registration does not prohibit the submission of documents to the court in paper form.

The significance of this is acute given the often voluminous number of documents involved in lawsuits before commercial courts. It is even possible to submit a lawsuit in court on paper (even with an EJITS registered electronic account), but indications suggest a shift towards electronic document exchanges with the court.

As of February 21, 2024, however, those filing a claim must declare their electronic account status. A court may decide not to consider your claim if it is submitted by someone obligated to register an electronic account but has failed to do so.

During this transition period, it is worth considering that if you file a lawsuit through EJITS, all further court correspondences will be conducted exclusively through the electronic cabinet; regular monitoring is thus highly recommended.

The above regulations also apply to the submission of appeals and cassation appeals to appellate courts and the Supreme Court.

As another important note, the EJITS system allows for court fee payment after all requirements for filing a claim in the electronic cabinet have been met. The total court fee is automatically calculated, appearing in the 'To be paid' column.

Managing changes and ensuring compliance can be an arduous process. At S&P Agency Investment Risk Management y, we stand ready to guide you through these changes, leveraging our extensive expertise, offering comprehensive services, and providing personalised solutions tailored to your specific needs. As Ukraine's business landscape evolves, we remain committed to your success in this complex environment.