Pecularities of a lawyer’s remuneration for professional activity in Ukraine and Germany

Abstract

According to the fact Ukraine sees the process of European integration as one of the main directions of its further development, which is confirmed by the resolution of the European Parliament, according to which Ukraine was granted the status of a candidate country for joining the European Union, the study of the experience of the leading countries of the European Union (hereinafter – the EU) should become a certain basis in the process of reforming the judiciary, the Institute of Advocacy is a part of which. Modern Ukrainian legislation in the context of remuneration for a lawyer’s professional activity has significant shortcomings and contradictions, and with regard to the so-called «success fee», the judicial practice is ambiguous and has already changed several times in previous years. At the same time, the institution of a lawyer’s remuneration for his professional activity needs changes and clarifications also in connection with the fact that the main categorical apparatus, which is used in the regulation of issues of this institute, is not coordinated with its European counterparts, and therefore leads to the emergence of legislative collisions in the future during a closer relationship between Ukraine and the EU countries after Ukraine becomes a member of the EU countries. A study of the historical analysis of the emergence and development of the institution of remuneration of a lawyer for his professional activity, as well as methods of calculating the amount and payment of a lawyer’s fee, forms and methods, which contributes to a comprehensive study of this institution. At the same time, on the basis of a comparative analysis between the studied institute in Ukraine and Germany, it is advisable to develop ways of improving Ukrainian legislation in this field. Special attention is paid to the so-called «success fee» of a lawyer for his professional activity, the issues of application of this type of lawyer’s fee both in Ukraine and in Germany are investigated. On the basis of the analysis, those issues that require further regulation at the legislative level in Ukraine and the identification of types of «success fee» have been identified on the example of how this issue is resolved in the EU countries, taking into account the practice of the European Court of Human Rights. The article is based on general scientific and special methods of scientific knowledge, namely: the dialectical method, the method of synthesis and analysis, the comparative legal method, as well as historical and terminological approaches.