Mandatory use of electronic signatures on a protected medium in Ukraine has been postponed for the period of martial law and for 6 months from the date of its termination.
These changes were made to the resolution of the Cabinet of Ministers of March 17, 2022 № 300 “Some issues of ensuring the smooth operation of the system of electronic trust services.”
The relevant government decree of 24 May 2022 № 617 entered into force on 27 May.
The document states that:
1) for the period of martial law in Ukraine and within one month from the date of its termination or cancellation of the formation of new certificates of previously certified public keys for users of electronic trust services may be carried out by qualified providers of electronic trust services automatically, without personal presence of such users.
In this case, the previously formed certificate is revoked, the combined validity of the previously formed certificate and the new certificate should not exceed three years, and the validity of the new certificate of electronic trust services user should not exceed the validity of its own qualified public key certificate of electronic trust services;
2) for the period of martial law on the territory of Ukraine and within six months from the date of its termination or cancellation the use of electronic signatures or seals based on public key certificates issued by qualified providers of electronic trust services without information that the private key is stored qualified electronic signature or seal, users of electronic trust services for electronic interaction, electronic identification and authentication of individuals, legal entities and representatives of legal entities in cases where the law provides for the use of only qualified electronic signatures or seals (qualified electronic signature or seal, qualified electronic trust services) or means of electronic identification with a high level of trust, except for the electronic execution of transactions subject to notarization and / or state registration in cases established by law, and high risk for information security, which is determined by the owners of the relevant information and information and communication systems, taking into account the restrictions established by the second paragraph of the second part of Article 17 of the Law “On electronic trust services”.
The Ministry of Digital Transformation, owners of information and information and communication systems for the period of martial law on the territory of Ukraine and within six months from the date of its termination or cancellation are instructed to ensure the technical possibility of using electronic signatures or seals based on public key certificates services without information that the private key is stored in a qualified electronic signature or seal, through the relevant information and information-communication systems.
The Ministry of Education reminded that in 2020 the use of electronic signatures in some cases, when a qualified one is required, was introduced within the framework of a pilot project. And the mandatory use of e-signatures on secure media was planned to launch on March 31 this year.
In order not to create a burden on providers of electronic trust services during martial law and long queues for such services, the decision was postponed. This means that from June 1, 2022, users of electronic trust services will be able to continue to use advanced signatures based on qualified certificates for e-interaction of individuals and legal entities, as well as authentication in government systems.