Administrative and legal framework for the introduction of the electronic notarial system in Ukraine

Abstract

The article is dedicated to the study of the administrative and legal foundations for the implementation of the electronic notarial system in Ukraine. The author examines the process of transitioning from the traditional paper-based notarial system to a digital one, highlighting the benefits of increased efficiency, document security, and accessibility. The study focuses on the phased approach adopted by the government to implement the e-notary system, outlining key stages such as the creation of electronic registries, the development of a digital archive for notarial acts, and the introduction of a system for online notarial services. These developments represent a significant modernization of Ukraine’s notarial services.

The author emphasizes the need for substantial legal reforms to support the full-scale digitalization of notarial services. It is highlighted that the Ukrainian Law on Notariate currently lacks explicit provisions for the use of digital technologies, which necessitates amendments to accommodate electronic notarial acts, remote notarization, and the integration of digital signatures. Additionally, the article discusses the challenge of aligning the e-notary system with European standards, especially regarding the cross-border recognition of electronic documents. The alignment of Ukrainian notarial laws with international frameworks is crucial for ensuring the system’s compatibility with global legal standards.

The article identifies several key advantages of the e-notary system, including the automation of processes, which significantly reduces the time and administrative burden involved in notarial acts. Enhanced security measures, such as digital signatures and QR codes, provide protection against forgery and unauthorized alterations of notarial documents. Furthermore, the integration of the e-notary system with state databases facilitates efficient information exchange, thereby improving the accuracy and reliability of notarial services. These factors contribute to a more transparent and effective notarial system that can better meet the needs of modern society.

Of particular note is the author’s focus on the importance of cybersecurity and data protection in ensuring the long-term success of the e-notary system. The article underscores the need for robust security measures to protect sensitive legal information from cyber threats, which are increasingly becoming a concern in the digital age. The author concludes by outlining prospects for further research, particularly in the areas of legal reform, public trust in digital notarial services, and the technological infrastructure needed to ensure the resilience and security of the electronic notarial system.