The Ministry of Justice of Ukraine has published a clarification regarding the practical aspects of concluding contracts in electronic form, drawing attention to exactly how such transactions acquire legal force and what requirements business entities must consider.

Legal Basis and Status of an Electronic Contract
An electronic contract is equated to a contract concluded in written form, provided that the requirements of the Law of Ukraine “On Electronic Commerce” and the norms of the Civil Code of Ukraine are met. An electronic transaction, like a regular written one, is aimed at establishing, changing, or terminating civil rights and obligations and has full legal force provided that the parties are properly identified.

Form and Content of an Electronic Contract
A contract can be formalized: as a separate electronic document; by exchanging electronic messages or confirming actions in the relevant information and communication system (for example, on the seller’s web platform).
Regardless of the method of conclusion, the contract must define all essential conditions of the specific type of transaction: subject, price, scope of obligations, deadlines for performance, etc. For electronic contracts, it is additionally advisable to specify the procedure for conclusion, the type of electronic signature, the procedure for exchanging documents, the mechanism for making changes, and the rules for storing electronic data.

Signing and Confirmation of Will
The law provides for several ways to certify a contract:
• qualified or advanced electronic signature;
• electronic signature with a one-time identifier (confirmation code, OTP);
• an analog of a handwritten signature (facsimile) — provided there is a written agreement of the parties on its use.
It is the means of signing that ensures the identification of the parties and confirms their agreement with the terms of the contract, so the Ministry of Justice recommends using the most reliable electronic tools — primarily QES (Qualified Electronic Signature).

Conclusion Procedure: Offer and Acceptance
An electronic contract is considered concluded after the acceptance of the proposal. An offer can be an electronic message, placement of conditions in the system, or another method provided by law.
Acceptance can be expressed through:
• electronic signature;
• filling out a form or confirming actions on a web resource;
• other electronic actions, if they clearly indicate consent.
After accepting the proposal, the person must receive confirmation of the fact of concluding the contract — an electronic document, check, or receipt.

Use of Electronic Evidence
Electronic contracts signed with a QES or other permitted means of identification can be submitted to court as proper and admissible evidence. Procedural legislation explicitly recognizes electronic documents and metadata of electronic systems as evidentiary materials.

Practical Recommendations for Parties
To avoid disputes, the Ministry of Justice advises:
• recording all stages of contract conclusion and communication;
• keeping technical logs, acceptance notifications, signature certificates;
• clearly describing signing and amendment procedures;
• using verified electronic identification tools.