Court practice: are the KEP and EDP one and the same?
Resolution of 12/23/2019 No. 910/17644/18 of the Northern Commercial Court of Appeal
To confirm the provision of credit funds by the plaintiff and the partial repayment of the debt by the defendant, the case file contains bank statements on the borrower's personal account on an electronic medium (Compact Disk). The specified disk is signed by the electronic digital signature of the authorized person of the Fund for the liquidation of JSC Bank "Finance and Credit" JSC Irklienko (the certificate was issued by the Accredited Center for the Certification of Keys of the IDD of the Federal Tax Service and is not revoked).
In accordance with Part 1 of Art. 96 of the Economic Procedural Code of Ukraine, electronic evidence is information in electronic (digital) form that contains data on circumstances relevant to the case, in particular, electronic documents (including text documents, graphic images, plans, photographs, video and sound recordings etc.), websites (pages), text, multimedia and voice messages, metadata, databases and other data in electronic form. Such data can be stored, in particular, on portable devices (memory cards, mobile phones, etc.), servers, backup systems, other places of data storage in electronic form (including on the Internet).
According to Part 2 of Art. 96 of the Economic Procedure Code of Ukraine, electronic evidence is submitted in the original or in an electronic copy certified by an electronic digital signature, equivalent to a handwritten signature in accordance with the Law of Ukraine "On Electronic Digital Signature" . The law may provide for a different procedure for certifying an electronic copy of an electronic evidence.
The Law of Ukraine "On Electronic Digital Signature" became invalid according to the Law of Ukraine dated October 5, 2017 N 2155-VIII .
In accordance with Part 1 of Art. 7 of the Law of Ukraine "On Electronic Documents and Electronic Document Management" the original of an electronic document is considered to be an electronic copy of the document with mandatory details, including an electronic signature of the author or a signature equivalent to a handwritten signature in accordance with the Law of Ukraine "On Electronic Trust Services" .
Article 6 of the Law of Ukraine "On Electronic Documents and Electronic Document Management" specifies that an electronic signature can be used to identify the author of an electronic document. The creation of an electronic document is completed by applying an electronic signature. Relations related to the use of advanced and qualified electronic signatures are regulated by the Law of Ukraine "On Electronic Trust Services" .
According to Part 4 of Art. 18 of the Law of Ukraine "On Electronic Trust Services" , a qualified electronic signature has the same legal force as a handwritten signature, and is presumed to correspond to a handwritten signature.
In accordance with the Final and Transitional Provisions of the Law of Ukraine "On Electronic Trust Services" , an electronic digital signature and a strengthened public key certificate confirming it, issued in accordance with the requirements of the Law of Ukraine "On Electronic Digital Signature" before this Law enters into force, are used by users of electronic of trust services, by qualified providers of electronic trust services who continue to serve them, respectively, as a qualified electronic signature and a qualified electronic signature certificate until the expiration of the strengthened public key certificate, but no later than two years from the date of entry into force of this Law.
In view of the above, the panel of judges believes that the information contained on the electronic medium (Compact Disk) - bank statements of the borrower's personal account - are appropriate evidence. The specified circumstances refute the arguments of defendant-1 about the inadequacy of these evidences.