The procedure for exchanging e-documents with regulatory authorities will come into force on May 1

As a reminder, the Ministry of Finance issued Order No. 133 dated March 18, 2024 amending the Procedure for the Exchange of Electronic Documents with Controlling Authorities.

The Order brings the provisions of the Procedure in line with the Law of Ukraine dated 01.12.2022 No. 2801-IX "On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Conclusion of an Agreement between Ukraine and the European Union on Mutual Recognition of Qualified Electronic Trust Services and Implementation of the European Union Legislation in the Field of Electronic Identification" (hereinafter - the Law).

The amendments, in particular, clarify that in case of creation of an electronic document using more than one electronic signature and/or more than one electronic seal, its creation is completed by imposing an electronic signature or electronic seal by the last signatory or creator of the electronic seal in accordance with the technology of creating such an electronic document.

Automated verification of an electronic document includes:

• confirmation of the validity of a qualified or advanced electronic signature and seal (if any) based on a qualified electronic signature certificate and a qualified electronic seal certificate, under the conditions established by the Law of Ukraine "On Electronic Identification and Electronic Trust Services"
• verification of the mandatory and sequential imposition of a qualified or advanced electronic signature and seal (if any) based on a qualified electronic signature certificate and a qualified electronic seal certificate of the signatories on an electronic document in accordance with the established procedure.

With regard to the procedure for obtaining the status of an EDS, it was clarified that the manager is obliged to use a private key, a qualified certificate of which was provided by the manager to the supervisory authority as the first electronic document or notification of the provision of information on a qualified or advanced electronic signature, to provide a qualified or advanced electronic signature to electronic documents when they are submitted to the supervisory authority.

The text of Order # 133 states that it will come into force on the 1st day of the month following the month of its official publication. The document was published on 12.04.2024 in the Official Gazette of Ukraine No. 33. Thus, Order No. 133 entered into force on May 1, 2024.