Peculiarities of refund of court costs for professional assistance of a lawyer in civil procedure

Abstract

The scientific article examines the features of reimbursement of court costs for professional assistance of a lawyer in civil proceedings in Ukraine. Particular attention is paid to certain aspects in particular: belonging to court costs, the procedure for reimbursement of legal costs to the parties, verification of compliance with the costs of professional legal assistance, determining the amount of attorney’s fees (in proportion to the volume of services provided, complexity of the case). the importance of the case to the party, including the impact of the decision on the reputation of the party or the public interest in the case), reducing court costs at the request of the party or in the absence of such a request. Also, the article analyzes some aspects of the realization of everyone’s right to judicial protection, which is directly guaranteed by the Constitution of Ukraine and the laws of Ukraine. In particular, it is determined that this right can be exercised by anyone whose rights, freedoms or interests have been violated within the constitutional, civil, commercial, administrative and criminal proceedings of Ukraine. The protection procedure is carried out in court. The litigation is characterized by significant costs for the parties involved. The article analyzes in detail the features of reimbursement of legal fees for professional assistance of a lawyer in civil proceedings, highlights gaps in the legal field of civil law, namely the amount of attorney’s fees, the order of reimbursement of legal costs, the possibility of reducing the cost of professional legal assistance in the absence of a request.
 Also, the article analyzes the case law, analyzes the peculiarities of reimbursement of expenses for individuals and legal entities to receive legal aid. It is directly stated that determining the amount of attorney’s fees always has its own characteristics and individual nature, which depends on the case and costs incurred.