of February 27, 2012 No. 01-06/223/2012
About electronic carriage documents
Due to the transition 01.01.2012 of Public administration of rail transport of Ukraine of "Ukrzal_znitsya" and the railroads of Ukraine with paper on electronic document creation during transportation of goods by railway transport in the internal message we consider necessary to pay attention to it.
According to article 307 of the Economic code of Ukraine which instructions are corresponded to Article 909 of the Civil code of Ukraine (further - the Civil Code of Ukraine), the transportation agreement of load is signed in writing. The conclusion of the transportation agreement of load is confirmed by creation of the carriage document (the way bill, the bill of lading and so forth) according to requirements of the legislation.
According to the instruction of paragraph two of part one of Article 207 of Civil Code of Ukraine the transaction is considered such which is made in writing if the will of the parties is expressed by means of teletype, electronic or other technical tool of communication. Use in case of transactions, in particular, of the electronic and numerical signature is allowed in the cases established by the law, other acts of the civil legislation or in the written consent of the parties which shall contain samples of the corresponding analog of their sign manuals (part three of the same Article).
Article 5 of the Law of Ukraine "About electronic documents and electronic document management" (further - the Law) provides that the electronic document is document in which information is fixed in the form of electronic data, including obligatory details of the document.
The electronic document can be created, transferred, kept and transformed by electronic means to visual form. Visual form of submission of the electronic document is display of data which it contains electronic means or on paper in the form suitable for perception of its content by the person.
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