Electronic Court: The First Month Of Mandatory Registration

On October 18, 2023 the provisions of the legislation regarding mandatory registration and use of electronic cabinets for participation in court proceedings entered into force. Corresponding changes to the procedural legislation were introduced by the Law of Ukraine No. 3200-IX of June 29, 2023.

All legal entities (within the scope of the economic process) had to register their electronic offices in the Unified Judicial Information and Telecommunication System (UJITS), as well as:

- lawyers;

- notaries;

- state and private enforcement officers;

- arbitration managers;

- judicial experts;

- state authorities and other state bodies;

- local authorities.

The courts have warned that from October 18, 2023  in the event of applying  to the court by a person who is required to register an electronic cabinet but has not registered it the procedural consequences are expected, including the abandonment of the statement of claim, appeal or cassation complaint without movement, return of certain statements, petitions, objections, non-consideration by the court of the withdrawal etc.

That is, when applying to the Commercial Court with a lawsuit, legal entities are obliged to indicate, among other things, the existence or absence of an electronic cabinet both for themselves and for the defendants and other participants in the case.

It is worth noting that during the first month of the implementation of mandatory registration of the electronic cabinet, the Commercial Court of Kyiv city left approximately 20% more lawsuits without movement compared to the previous month.

However, the implementation of such changes has not yet resulted in a complete abandonment of paper work. Thus, in the absence of electronic offices of legal entities - defendants, the courts still oblige the plaintiffs to send them paper copies of the lawsuit by mail.

Unfortunately, the work of UJITS cannot be called perfect yet. In addition to occasional failures and ignoring the obligation of registration by some state bodies, notaries, sometimes we have to face significant systemic problems, such as no registration of the court itself in UJITS at all, in particular the Kyiv Court of Appeal. It is still impossible to properly submit any document through the electronic cabinet to the mentioned court.

Therefore, in order not to overlook court proceedings, we emphasize again the obligation to register your electronic document using the link: https://id.court.gov.ua/. Legal entities shall do this directly through their director using an electronic digital signature.

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Igor Kalitventsev (i.kalitventsev@kpdconsulting.com.ua) and Eugene Litvinov (e.litvinov@kpdconsulting.com.ua). We will be pleased to assist You. The information contained in this overview is not intended to provide legal advice and should not be relied on or treated as a substitute for specific advice concerning individual situations.