ELECTRONIC SIGNATURE AS A TOOL FOR EXERCISING THE RIGHTS OF A LAWYER IN OBTAINING EVIDENCE IN DIVORCE CASES: LEGAL CONFLICTS AND PRACTICE

Abstract

The article is dedicated to a comprehensive analysis of the problems arising from the use of electronic signatures by lawyers in the exercise of their professional powers, particularly regarding obtaining evidence necessary for handling divorce cases. Special attention is paid to the difficulties encountered when applying to the state civil status acts registration bodies (DRACS) to obtain duplicate documents, specifically marriage certificates, based on a legal aid agreement concluded in electronic form and signed with a qualified electronic signature (QES).The relevance of the research topic is driven by several factors: the rapid processes of digitalization in justice and societal relations in general; the need to ensure effective and unhindered access to justice for all citizens; and the specific challenges caused by the martial law in Ukraine, where a significant number of lawyers’ clients are abroad or are internally displaced persons, complicating traditional methods of interaction and document retrieval.The article provides a detailed study of the current legal regulation of the use of electronic trust services and electronic document flow in Ukraine. Separate attention is given to the presumption of equivalence between a QES and a handwritten signature and the legal validity of electronic documents signed with a QES.The central part of the research is the analysis of legal conflicts arising between norms of higher legal force (laws of Ukraine) and subordinate legal acts, particularly the Rules for State Registration of Civil Status Acts in Ukraine, which regulate the activities of DRACS bodies. The problem of DRACS bodies refusing to recognize legal aid agreements concluded in electronic form and signed with a QES as a basis for issuing duplicate documents is revealed. Such practice creates artificial barriers for lawyers and their clients, undermining the advantages of electronic document management.Issues in judicial practice regarding the acceptance of electronic evidence and the confirmation of a lawyer’s authority in civil proceedings are also highlighted, analyzing the Supreme Court’s position on the inadmissibility of excessive formalism. Based on the conducted analysis, the urgent need to improve the regulatory framework and the practice of using electronic signatures by lawyers is substantiated. Specific proposals are formulated regarding amendments to the DRACS Rules, the development of technical mechanisms for QES verification, the issuance of clarifications by the Ministry of Justice of Ukraine, as well as the development of digital infrastructure and the formation of progressive judicial practice. The goal of these measures is to ensure the effective realization of the rights of lawyers and their clients to receive legal aid and access to justice in the context of digital transformation.