Why does the court not accept a statement of claim signed with a qualified electronic signature?
Regardless of https://court.gov.ua/emailec and the technical possibility at https://id.court.gov.ua/ , in fact, it will not work to submit a statement of claim to the administrative court in electronic form from ecp (now - KEP) . Because:
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Part 10 of Article 44 of the Civil Code , if documents are submitted to the court by the parties to the case or sent to other parties to the case in electronic form, such documents shall be sealed with an electronic digital signature of the party to the case (his representative). - EDS has already been replaced by KEP, and no changes have been made to KAS. If documents are submitted to the court by the parties to the case or sent to other parties to the case in paper form, such documents shall be sealed with the handwritten signature of the party to the case (his representative).
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In accordance with sub-clauses 15.1, 15.2 of clause 15 of Chapter VII of the Transitional Provisions of the CAS of Ukraine , until the date of the start of operation of the Unified Judicial Information and Telecommunication System , submission, registration, sending of procedural and other documents, evidence, formation, storage and sending of case materials are carried out in paper form ; lawsuits and other statements, complaints and other procedural documents provided for by law, which are submitted to the court and may be the subject of judicial proceedings, in the order of their receipt, are subject to mandatory registration in the automated document management system of the court on the day of receipt of the documents. Therefore, until the day of the start of operation of the Unified judicial information and telecommunication system, all documents must be submitted in paper form by means of postal communication or by courier directly to the office of the court together with a copy of it for the defendant (defendants) in the case.
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The newspaper "Voice of Ukraine" (No. 42 (7048) dated March 1, 2019) published a notice of the State Judicial Administration of Ukraine, according to which in accordance with the decision of the High Council of Justice of February 28, 2019 No. 624/0/15-19 and taking into account the results of the discussion with courts, other bodies and institutions of the justice system, the issue of the need to postpone the start of the operation of the Unified Judicial Information and Telecommunication System (EUITS), the State Judicial Administration of Ukraine announced the withdrawal of the announcement published in the newspaper "Voice of Ukraine" (No. 229 (6984) dated December 1, 2018 year).
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In accordance with Article 18 of the Law of Ukraine "On Electronic Trust Services", a qualified electronic trust service for creating, verifying and confirming a qualified electronic signature or seal is provided by a qualified provider of electronic trust services and includes, in particular, providing users of electronic trust services with means of generating a qualified electronic signature or seal key pairs and/or creation of qualified electronic signatures or seals, and/or verification of qualified electronic signatures or seals, and/or storage of the private key of a qualified electronic signature or seal.
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Currently , the technical capabilities of the "Electronic Court" system do not allow the court to verify the applicants' electronic signatures, even for the purpose of whether they are qualified . The subsystem does not provide an opportunity for courts to verify an electronic signature in the manner and to the extent stipulated by the Law of Ukraine dated October 5, 2017 No. 2155-VIII "On electronic trust services" . And the court cannot use publicly available services for checking the KEP - legal grounds are required for such actions
Information based on the decision http://reyestr.court.gov.ua/Review/83399757
Date of publication: 29.10.2019