REGISTRATION IN THE ELECTRONIC COURT BECOME MANDATORY FOR LEGAL ENTITIES

From October 18, 2023, the Law of Ukraine dated September 29, 2023 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 (Modules)” will enter into force , which ensures the exchange of documents” (hereinafter – the Law), which makes significant changes to the rules of economic, civil and administrative proceedings.

The law foresees negative legal consequences for the participants in the legal process if they do not have a registered electronic cabinet in the Unified Judicial Information and Telecommunication System (hereinafter referred to as the Electronic Court).

Who is required to register?

Registration in the Electronic Court is mandatory for lawyers, notaries, public and private executors, arbitration managers, judicial experts, state authorities and other state bodies, local self-government bodies and other legal entities.

Other persons can register electronic accounts voluntarily.

Where to register and what is required for this?

You can register in the Electronic Court at the following link: https://id.court.gov.ua/

Both the registration of the electronic cabinet and the use of the functionality of the Electronic Court are carried out using a qualified electronic signature.

When is it necessary to register?

The Law does not establish a specific term for registering an electronic office. At the same time, legal entities that have not registered electronic accounts will not be able to fully protect their rights in the following cases:

• from October 18, 2023, legal entities will be limited in the exercise of their procedural rights when resolving economic cases in which they are participants;
• from February 20, 2024, such restrictions will be applied to legal entities also when resolving civil and administrative cases.

What are the procedural consequences for persons who have not registered electronic accounts?

• claims, appeals and cassation appeals, applications for review of court decisions based on newly discovered or exceptional circumstances will be left motionless. If the requirements of the court decision are not met within the time limit set by the court, the corresponding statement or complaint will be returned;
• the court will have the right not to accept a response to a lawsuit, an appeal or a cassation complaint, explanations of third parties and decide the case based on the available materials in the event that such documents are submitted by a person who is obliged to register an electronic account, but did not register it and did not give valid reasons failure to fulfill such an obligation;
• the court will return the application for the provision of the claim, the application for the provision of evidence, as well as other written statements, motions or objections.

What else is important to consider?

• The law leaves the process participants the right to submit documents in paper form, but the only way to submit documents in electronic form will be the functionality of the electronic office in the Electronic Court;

• the court will send court decisions and summons to persons with a registered electronic account in the Electronic Court exclusively to such an account. This will be considered a proper notification of the party, will cause procedural consequences for it and the start of the procedural terms.