What are the ways to conclude electronic contracts?
In accordance with Part 1 of Article 205 of the Civil Code of Ukraine, transactions may be made orally or in writing (electronically). The parties have the right to choose the form of the transaction, unless otherwise provided by law.
According to parts 1 and 3 of Article 207 of the Civil Code of Ukraine, a transaction is considered to be made in writing if its content is recorded in one or more documents (including electronic), in letters, telegrams exchanged by the parties. The use of facsimile reproduction of a signature by means of mechanical, electronic or other copying, electronic signature or other analogue of a handwritten signature is permitted in cases established by law, other acts of civil law, or with the written consent of the parties, which must contain samples of their analogue. handwritten signatures.
Part 2 of Article 639 of the Civil Code of Ukraine provides that if the parties have agreed to enter into an agreement through information and telecommunications systems, it is considered concluded in writing.
The Law of Ukraine "On Electronic Commerce" in Part 1 of Article 3, Part 3 of Article 11 introduced the concepts of "electronic contract" and "electronic transaction":
electronic contract - an agreement between two or more parties aimed at establishing, changing or terminating civil rights and obligations and executed in electronic form;
electronic transaction - an action of a person aimed at the acquisition, change or termination of civil rights and obligations, carried out using information and telecommunications systems.
An electronic contract is concluded by a proposal to conclude it (offer) by one party and its acceptance (acceptance) by the other party and is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response to accept this proposal in the manner specified in part six of this article.
That is, in terms of concluding transactions in electronic form, the current legislation of Ukraine equates the forms of concluding agreements in written and electronic form, except as provided by law.
Thus, an electronic contract concluded by exchanging electronic messages, signed in the manner prescribed by Article 12 of this Law, is considered to be equivalent in legal consequences to a contract concluded in writing.