Electronic contract in the notarial process: between digitalization and legal challenges

Abstract

The aim of the work is to analyze the current state and prospects of the use of electronic contracts in the notarization process in Ukraine amid the ongoing digital transformation. The study investigates the legal framework regulating the conclusion and notarization of electronic contracts, emphasizing the role of qualified electronic signatures, methods of party identification, and technical means ensuring the legal validity of such agreements. The methodological basis of the study involves the analysis of Ukrainian legislation, judicial practice, and international regulatory acts, including the European Union Regulation eIDAS, which establishes standards for electronic identification and trust services. Results demonstrate that the implementation of electronic contracts in notarization enhances efficiency, accessibility, and transparency of notarial services while reducing time and costs for participants. However, significant legal and technical challenges remain, such as insufficient digital infrastructure, cybersecurity risks, interoperability issues among public registries, and inconsistencies in electronic trust services regulation. The study also highlights Ukrainian courts’ growing recognition of the validity of electronically notarized contracts, signaling the formation of a digital notary doctrine. Conclusions stress the necessity of further legislative harmonization, improvement of technical standards, and increased legal literacy among notarial process participants to ensure the successful integration of digital technologies into Ukraine’s notarial system.