ВІДШКОДУВАННЯ ВИТРАТ НА ПРОФЕСІЙНУ ПРАВНИЧУ ДОПОМОГУ В ЦИВІЛЬНОМУ СУДОЧИНСТВІ УКРАЇНИ: ПРОБЛЕМИ ПРАВОЗАСТОСУВАННЯ

Abstract

The article investigates the institute of reimbursement of expenses for professional legal assistance in civil proceedings of Ukraine from the point of view of completeness of its regulation in normative-legal acts of Ukraine. Within the framework of this work, the authors analyze all the constituent elements of successful reimbursement of the costs of professional legal assistance, highlight their features and analyze the practice of the Supreme Court on this issue. Taking into account the case law, the criteria for determining the amount of costs for professional legal assistance in civil proceedings in Ukraine are disclosed. Some features of reimbursement of the success fee, reduction of the costs of professional legal assistance and their distribution based on the results of the case are analyzed. Thus, attention is drawn to the fact that the success fee is reimbursable subject to compliance with the criteria of proportionality in determining its size. Based on the results of the study, it was concluded that in order to reduce the cost of professional legal assistance, it is necessary for the other party to apply for a reduction in their size, and for a guaranteed distribution, a preliminary calculation of such costs must be submitted. An opinion was formulated on the role and place of the court in reducing and allocating the costs of professional legal assistance, particular attention was drawn to the fact that during this process the court should act exclusively as an independent arbitrator. Particular attention is paid to the process of proving and documenting the costs of professional legal assistance in a particular court case. The position of courts on the evaluation of evidence on the availability of costs for professional legal assistance in each case is highlighted.