In the ruling dated June 30, 2025 in case No. 906/375/23, the Supreme Court, as part of the panel of judges of the Cassation Commercial Court, made a fundamental conclusion: lawyers must submit procedural documents in electronic form to the court exclusively through the ‘Electronic Court’ subsystem. Sending such documents to the court’s official email, even with compliance with the requirements for electronic signatures, is not a proper way of submission and does not create legal consequences.
This legal position is crucial for the practice of submitting documents by lawyers, as it once again confirms the mandatory use of the Unified Judicial Information and Communication System (UJICS) for legal professionals, as enshrined in procedural legislation and the provisions of the Higher Council of Justice.
Facts of the Case
On 16.06.2025, the Cassation Commercial Court received a qualified electronic signature-signed response from the Municipal Enterprise via email. From the response materials, it follows that it was sent by a lawyer.
Paragraphs one and two of Article 6 of the Commercial Procedural Code of Ukraine establish that lawyers, notaries, state and private enforcement officers, arbitration managers, court experts, state authorities and other government bodies registered under the legislation of Ukraine as legal entities, their territorial bodies, local self-government bodies, other legal entities registered under the legislation of Ukraine, register their electronic cabinets in the Unified Judicial Information and Communication System or its separate subsystems (modules) that provide document exchange, in a mandatory manner. The procedural consequences provided by this Code in case of applying to the court with a document by a person who is obliged to register an electronic cabinet according to this part but has not registered it, are also applied by the court in cases where the interests of such a person in the case are represented by a lawyer.
According to paragraphs one and two of Article 6 of the Commercial Procedural Code of Ukraine, registration in the Unified Judicial Information and Communication System or its separate subsystems (modules) that provide document exchange does not deprive the right to submit documents to the court in paper form. A person who has registered an electronic cabinet in the Unified Judicial Information and Communication System or its separate subsystems (modules) that provide document exchange may submit procedural and other documents, perform other procedural actions in electronic form exclusively using the Unified Judicial Information and Communication System or its separate subsystem (module) that provides document exchange, using a qualified electronic signature or using means of electronic identification with a high level of trust, in accordance with the requirements of the laws of Ukraine ‘On Electronic Documents and Electronic Document Management’ and ‘On Electronic Identification and Electronic Trust Services’, unless otherwise provided by this Code.
Sections five and six of Article 42 of the Commercial Procedural Code of Ukraine provide that documents (including procedural documents, written and electronic evidence, etc.) related to the consideration of cases in court may be submitted to the court in electronic form exclusively using the ‘Electronic Court’ subsystem, unless otherwise provided by this Code. Procedural documents in electronic form must be submitted to the court by the parties to the case using the Unified Judicial Information and Communication System in the manner determined by the Regulations on the Unified Judicial Information and Communication System and/or provisions determining the functioning of its separate subsystems (modules).
By the decision of the Higher Council of Justice dated August 17, 2021, No. 1845/0/15-21, the Regulations on the functioning of separate subsystems (modules) of the Unified Judicial Information and Telecommunication System were approved.
Paragraph 10 of the Regulations provides that lawyers, notaries, state and private enforcement officers, arbitration managers, court experts, state authorities and other government bodies, local self-government bodies, other legal entities must register their Electronic cabinets in the UJICS in a mandatory manner. Other persons register their Electronic cabinets in the UJICS on a voluntary basis.
According to paragraph 25 of Chapter 2 of the Regulations, documents (including procedural documents, written and electronic evidence, etc.) related to the consideration of cases in court may be submitted to the court in electronic form exclusively using the ‘Electronic Court’ subsystem, unless otherwise provided by procedural legislation or these Regulations.
Therefore, as an alternative to applying to the court for persons specified in paragraph 10 of the Regulations and Article 6 of the Commercial Procedural Code of Ukraine, with claims, complaints, and other procedural documents drawn up in paper form and signed directly by a party to the case or their representative, is to submit procedural documents in electronic form with mandatory attachment of their own electronic signature by the party to the case through the ‘Electronic Cabinet’ subsystem.
In its ruling dated September 13, 2023, the Grand Chamber of the Supreme Court in case No. 204/2321/22 (proceedings No. 14-48цс22) indicated that the requirement to apply to the court through the subsystems of the Unified Judicial Information and Telecommunication System is mandatory for persons specified in paragraph 10 of the Regulations and those persons who have voluntarily registered official email addresses in the Unified Judicial Information and Communication System.
The fourth part of Article 170 of the Commercial Procedural Code of Ukraine stipulates that if the court establishes that a written statement (motion, objection) is submitted without complying with the requirements of the first or second part of this article, it returns it to the applicant without consideration.
Taking into account the conclusions mentioned above, lawyers must submit procedural documents to the court in electronic form only using the ‘Electronic Court’ subsystem, rather than by sending them via email with a qualified electronic signature. Therefore, the response from the Municipal Enterprise remains unconsidered.