Lawyers will be granted remote access to enforcement proceedings: Ministry of Justice is preparing new rules

In Ukraine, it is planned to restore the possibility of remote access of lawyers to the materials of enforcement proceedings. The Ministry of Justice is developing a new mechanism that will allow defense lawyers to view their clients’ documents through the Automated Enforcement Proceedings System (ASEPS) using an electronic signature and a special access code.

The new procedure is planned to be implemented by the end of November 2026. The relevant proposals were discussed during a meeting of representatives of the Ministry of Justice, the legal community, state and private enforcement agents and arbitration managers.

Why did lawyers lose access to enforcement proceedings

The problem arose after the main provisions of Law No. 4833-IX of April 7, 2026 came into force on October 23.

After updating the Automated Enforcement Proceedings System, access using previously issued identifiers was terminated.

Instead, an electronic account of the party to enforcement proceedings has been launched, authorization in which is carried out using a qualified electronic signature (QES).

However, the updated system did not provide for a separate mechanism that would allow lawyers to independently access the materials of the proceedings based on documents confirming their authority.

Because of this, the NAAU appealed to the Ministry of Justice with a proposal to regulate the procedure for access by representatives of the parties to the relevant documents.

How lawyers will access the materials of the cases

The mechanism proposed by the Ministry of Justice involves several stages.

First, the client will have to log in to the ASVP using his own qualified electronic signature.

After that, he will be able to sign an electronic consent to provide access, which will contain a unique code.

To familiarize himself with the materials of the enforcement proceedings, the lawyer will need to:

receive a special access code from the client;

know the number of the relevant enforcement proceedings;
authorize in the system using his own CEP;
enter the received code to view the documents.

After completing this procedure, the lawyer will have the opportunity to familiarize himself with all the materials of the relevant enforcement proceedings.

At the same time, the system will automatically record information about who exactly viewed the documents and when.

Thus, the lawyer will be able to work with the case materials remotely without the need to obtain the client’s personal electronic signature.

When will the new mechanism start working

To implement the proposed changes, the Ministry of Justice needs to update the Regulations on the Automated System of Enforcement Proceedings and ensure the appropriate technical revision.

According to the preliminary schedule:

the regulatory changes are planned to be adopted within approximately one and a half weeks;
the technical update of the system should last about three weeks;
the full implementation of the new mechanism is expected by the end of November 2026.

At the same time, the specified deadlines are preliminary and depend on the completion of regulatory and technical procedures.

What problems remain unresolved

The National Bar Association of Ukraine drew attention to the fact that the proposed mechanism does not eliminate all difficulties.

In particular, to provide access to the lawyer, the client must independently authorize himself in the system using a qualified electronic signature.

This may create additional obstacles for the elderly, people with disabilities, military personnel, and Ukrainians abroad.

The procedure may be especially difficult for citizens who do not have a CEP or cannot independently use electronic services.

That is why the legal community insists on the need to consider the possibility of independent access by lawyers to the materials of enforcement proceedings based on a warrant.

In addition, additional legal regulation is required for:

the procedure for verifying the representative’s authority;

the validity period of the granted access;

the possibility of revoking permission to view documents;

determining the volume of materials available to a lawyer.

It is separately proposed to provide access to the ASVP for representatives of legal entities that already use electronic powers of attorney in the “Electronic Court” system.

The Ministry of Justice has stated its readiness to process the relevant proposals.