In accordance with the requirements of the procedural legislation, the time of delivery of procedural documents in electronic form is the date of receipt by the court of the notification of the delivery of the documents to the official email address (paragraph 2, part 1, Article 127, paragraph 2, part 6, Article 251 of the Civil Code of Ukraine; paragraph 2 Part 6 of Article 242 of the Civil Code of Ukraine, Clause 2 of Part 8 of Article 128, Clause 2 of Part 6 of Article 272 of the Civil Code of Ukraine).
The State Administrative Court provided an explanation regarding the beginning of the procedural terms in the Electronic Court
Instead, the official email address in accordance with subsection 5.8 of section I of the Regulation on the procedure for the functioning of individual subsystems (modules) of the Unified Judicial Information and Telecommunication System, approved by the decision of the High Council of Justice dated 08/17/2021 No. 1845/0/15-21 (hereinafter – the Regulation), is :
● service of the ECITC Electronic Cabinet,
● e-mail address specified by the user in the ECITC Electronic Cabinet, or
● e-mail address listed in one of the state registers.
In accordance with Clause 17 of Subsection 1 of Section III of the Regulations, the court shall send documents in cases in which such persons participate in electronic form to the persons who have registered the Electronic Office, by sending them to the Electronic Office of such persons or in another way provided for by procedural legislation.
Information about the receipt of information and documents about the results of cases can be additionally sent to the user in the form of an e-mail message. E-mail data is entered by the user in the profile of his Electronic Cabinet (Clause 38 of Subsection 2 of Section III of the Regulation).
Thus, the norms of the Regulation provide for the obligation to send documents to the Electronic cabinet, while the e-mail address is considered only as an additional function of notification of their arrival in the Electronic cabinet. At the same time, such a message, depending on the setting, can be sent with or without sending the documents themselves.
The "e-mail address specified in one of the state registers" stipulated by the Regulation has not yet been defined by any regulatory document. The obligation to create it is only provided by one of the draft laws registered in the parliament.
Therefore, among all the provisions stipulated in Clause 5.8 of Section I of the Regulation of official electronic address services, the obligation to send procedural documents only to the Electronic Cabinet is legally stipulated.
Taking into account the above, the course of procedural terms, the beginning of which is connected with the moment of delivery of the procedural document to the participant in the legal process in electronic form, begins the day after the documents are delivered to the Electronic cabinet in the "My cases" section. The time and date of delivery of documents to the Electronic Cabinet can be viewed in the "document movement card" when opening this document in the Electronic Court in the "My Cases" section.
Instead, the Electronic Court system also has another auxiliary function of informing the user about the receipt of a document in the Electronic Cabinet (in addition to the e-mail address, as mentioned earlier). Such notification (without sending the document itself) is carried out in the Electronic cabinet in the "Notifications" section.
Thus, the receipt of information in the "Notifications" section and to the e-mail address specified by the user are additional auxiliary services of notification of the receipt of documents to the Electronic cabinet. The time of receipt of such messages may differ from the time of delivery of the documents themselves in the "Mop of cases" section and may depend, for example, on the settings of the e-mail box itself or other technical parameters of the network and postal service whose address is used by the user.
In view of the above, the counting of procedural terms does not begin from the time of receipt of informative messages in the "Notifications" section and to the e-mail address, but from the date of receipt of the procedural documents themselves in the Electronic cabinet in the "Case file" section.
The procedure for using the ECITS "Electronic Court" subsystem is determined by the User's Manual of the "Electronic Court" subsystem, approved by the order of the state enterprise "Court Services Center" dated September 22, 2021 No. 74-OD. The current version of this Instruction is available on the Internet on the website of the EUITS Administrator at the link .