Economic Courts Research Articles

The Role of Digital Transformation in Improving the Judicial System in the Egyptian Council of State

The purpose of this paper is to present the meaning of e-justice, the most important advantages of the e-justice system, and the challenges that face its application, the system in the Egyptian economic courts, and how can the challenges of the e-justice system be overcome from the reality of international experiences. The methodology of this paper depends on mainly two methods: the descriptive-analytical method and the analysis approach. Moreover, the paper reached the most important result that the judicial system generally can be improved by using an e-justice system, particularly in the Egyptian Council of State.

OʻZBEKISTONDA MA’MURIY ODIL SUDLOV MUAMMOLARI VA MA’MURIY SUDLAR FAOLIYATI SAMARADORLIGINI OSHIRISH IMKONIYATLARI

This article analyzes some aspects of the right of individuals and legal entities to appeal to the administrative court against illegal decisions, actions (inaction) of state bodies and their officials. The article describes the history of administrative justice in Uzbekistan, changes in the legislation aimed at reforming the system of administrative courts. Although the reforms have resulted in some improvements in the functioning of the administrative courts, the issue of jurisdiction in the administrative litigation analyzed in this article is still one of the most controversial. There was adopted Decree of the President of the Republic of Uzbekistan dated January 29, 2022 “On measures to ensure effective protection of the rights of citizens and business entities in relations with government agencies and further increase public confidence in the courts” PQ–107. The article also provides an analysis of several legal issues related to the implementation of this Decree. Accordingly, the article analyzes the most common legal issues of litigation. In particular, the article reveals the main criteria for distinguishing civil courts from administrative courts, economic courts from administrative courts, military courts from administrative courts. Scientifically based solutions have been proposed for some of the problematic issues encountered in judicial practice.

Щодо розгляду господарських спорів за участі фермерських господарств

The article is devoted to the analysis of the practice of economic courts in resolving litigations involving farms. The article sets the task to specify the provisions on the consideration of economic litigations involving farms and the development of areas for improving the current legislation. Based on the analysis of scientific views on agrarian litigation, it was concluded that a farm can be a participant in any such litigations, but not all of them are subject to consideration by economic courts. Attention is paid to the division of litigations into public law and private law, the definition of an economic litigation. Based on the analysis of the array of practice of considering economic litigations with the participation of farms, economic land litigations, farm management litigations and other litigations related to violation of the corporate rights of farm members are singled out, since these litigation s have certain specifics or problems in their resolution. Based on the analysis of the practice of considering land litigations, the problem of determining the subject jurisdiction is stated and it is specified that the criteria for classifying these litigations as economic jurisdiction are the fact of state registration of a farm as a legal entity or an individual entrepreneur at the time of filing a claim and the dominance of private interest. Summarizing the analysis of the consideration of cases on litigations regarding farm`s members and other violations of the corporate rights of members of such a farm, the problem of applying the analogy of the law by the courts is identified and it is specified that the analogy of the law is applied by the economic courts to overcome gaps in the regulation of relations between the activities of the farm in order to protect the violated rights and in case if the relevant relations are subject to general legal regulation, but there is no special legal norm or norm is incomplete. To improve legislative regulation, it is proposed to secure the right of the proper tenant of the land plot to crops and harvest, which is to be harvested after the expiration of the land lease agreement, and to regulate the issues of convening, holding, and making decisions by the general meeting of the farm.

Legal Reasoning of a Court Decision in Economic Court: Historical Aspect

Legal Reasoning of a Court Decision in Economic Court: Historical Aspect

Legal issues of judicial protection in the economic court in Uzbekistan

Legal issues of judicial protection in the economic court in Uzbekistan

АСПЕКТИ РОЗВИТКУ АДМІНІСТРАТІВНОÏ ЮСТИЦІÏ В РЕСПУБЛІЦІ ТАДЖИКИСТАН ПІСЛЯ 1991 РОКУ

The purpose of the scientific article is to study the problems of the development of administrative justice in the Republic of Tajikistan after 1991. Despite the fact that in this country the Code of Administrative Procedures was adopted in 2007, which determines the procedure for the preparation, adoption and execution of administrative legal acts, consideration of administrative applications and complaints, the implementation of proceedings on administrative procedures in court, the interaction of administrative bodies, some part of the cases characterized by administrative and public disputes is considered within the framework of the Civil Procedure Code of the Republic of Tajikistan dated January 5, 2008, as well as within the framework the Code of Economic Procedure of the Republic of Tajikistan dated January 5, 2008. The article gives advice on the harmonization of legislation in the field of consideration of administrative and public disputes. In addition, in order to improve the judicial system of Tajikistan, it is proposed to create administrative courts in the Republic of Khatlon Region, Sogdian Region, Gorno-Badakhshan Autonomous Region, the capital – Dushanbe, as well as in the economic courts of these regions. Alternatively, at the first stage, it is essential to create judicial chambers for administrative cases in the courts of these regions, as well as for administrative cases in the Supreme Court of the Republic of Tajikistan and the Supreme Economic Court of the Republic of Tajikistan.

ПИТАННЯ ВИЗНАЧЕННЯ ПІДВІДОМЧОСТІ СПРАВ ГОСПОДАРСЬКИМ СУДАМ

Introduction. The European Convention for the Protection of Human Rights and Fundamental Freedoms imposed obligations on member states to guarantee access to justice and the effectiveness of legal remedies. Referring to the judicial practice of the European Court of Human Rights, a situation in which a person whose rights have been violated cannot determine the competent court or other competent body to which he or she can send a relevant application is recognized as a violation of Article 13 of the Convention, as the right of access to a court must be effective. The requirement of effectiveness, among other things, involves the clarity of the legislative provisions: if the procedural rules are written in such a way as to create a certain uncertainty, the person whose applications were rejected on the basis of a violation of the procedural rules is recognized as having no real, effective access to the court. The problem of choosing the appropriate court and determining judicial competence in exercising the right to access to court, ensuring the right to effective legal protection has become particularly important. Questions regarding the establishment of an effective mechanism for the distribution of powers between judicial bodies regarding consideration of certain categories of cases are actively discussed by scientists and legal practitioners. The provisions of the current procedural legislation regarding the delimitation of sub-departments (jurisdictions) need improvement. The circle of disputes under the jurisdiction of commercial courts is gradually narrowing, which calls into question the expediency of preserving the entire system of commercial courts in Ukraine. The purpose. The purpose of the study is to conduct an analysis of the jurisdiction of the economic courts of Ukraine. The article analyzes the content of Clause 1 Part 1 of Art. 20 of the Code оf Commercial Procedure of Ukraine. An assessment of the existing doctrinal approaches, legal positions of the Constitutional Court of Ukraine, the Supreme Court of Ukraine, the Higher Commercial Court of Ukraine, as well as other higher specialized courts of Ukraine regarding recommendations and clarifications on the issues of determining the competence of courts regarding consideration of economic cases were given. Results. The conclusion is substantiated, according to which there is quite objectively a tendency towards a gradual narrowing of the range of cases subordinated to commercial courts, which endangers the existence of the entire system of commercial courts of Ukraine. Discussion. In further scientific research, it is assumed that attention will be focused on the issue of demarcation of the jurisdiction of economic and administrative courts in consideration of land disputes.

The transformation of the judicial system in Kyrgyzstan an after 1991. Aspects of the development of administrative justice

This article examines the transformation of the judiciary in the Republic of Kyrgyzstan after 1991, as well as aspects of the development of administrative justice in this state. The article presents the main stages of the development of the judicial system of the Kyrgyz Republic: 1993-2002, 2003-2009, 2010-2020. The device of the judicial system of the republic is described, the system of courts of general jurisdiction, inter-district economic courts, the judicial bids of the Supreme Court of Kyrgyzstan, as well as the courts of the second instance, and in addition to the elimination of the system of arbitration courts in the Republic and Military Courts (2003), disbanding the Constitutional Court of the Republic of Kyrgyzstan (2010), the creation of the Constitutional Chamber in the Supreme Court of the Republic. The article provides aspects of the development of administrative justice.

The role of international courts’ decisions in the system of sources of international financial law

The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of cross-border financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the parties involved in the case, and only in the current case); 2) situatedness and unprompted appearance; 3) impartiality (due to the judges’ lack of political interest); 4) authority (international courts include generally recognized experts in international law).

IQTISODIY SUD ISHLARINI YURITISHDA PROKUROR ISHTIROKINING AYRIM MASALALARI

This article defines the principle of adversariality and equality of the parties to the trial in the specified Action Strategy, the main areas of activity of prosecutors, the participation of the prosecutor in the economic process, the participation of the prosecutor in the economic court of first instance, the procedure for appeal, the conclusion of the prosecutor in the case, appeals and cassation protests, the work done on expanding the participation of the prosecutor, statistics on ensuring the powers of the prosecutor in economic proceedings, recent changes and additions to the legislation on the participation of the prosecutor. The prosecutor in the courts, their content and essence, the participation of the prosecutor only in cases provided for by law or in cases initiated by the prosecutor, the Supreme Council of Judges submits petitions to the prosecutor’s office, the prosecutor’s appeal and cassation to the economic courts, opinions expressed by scientists on the participation of the prosecutor in legal literature and textbooks , as well as suggestions and recommendations for improving legislation.

Economic courts as a mechanism to encourage investment and the need to develop them in the Kurdistan region of Iraq

Abstract Commercial courts are one of the mechanisms developed to resolve trade and economic disputes. The idea began in countries to establish commercial and economic courts as a result of the nature of commercial cases and the speed they need to resolve lawsuits related to trade and investment, as well as the need for specialized courts and dedication to the principle of jurisdiction in the courts. It is clear to us that the presence of specialized commercial and economic courts will help to encourage investment in the country when investors trust that in the event of a dispute, there will be specialized judges who will resolve their dispute and as soon as possible based on the required experience which guarantees their rights. We find through this study, although there are deficiencies and shortcomings in the law of establishing economic courts in Egypt, but Egypt's experience is one of the modern experiences with regard to establishing commercial courts comparison with experience in Iraq, and the experience of Iraq is better comparison with the judicial experience in the Kurdistan Region so that it did not We find any courts specialized in commercial cases. In view of the importance of commercial and economic courts, this research attempted to clarify the importance of commercial courts and the relationship of trade and investment to the judiciary, as well as the jurisdiction of commercial and economic courts, and finally the need to create these courts and the possibility of their creation based on existing laws in the Kurdistan Region or amend them or legislate a new law in this regard.

ЩОДО ПРАВОВОЇ ПРИРОДИ ВАРТОСТІ НЕОБЛІКОВАНОЇ ЕЛЕКТРИЧНОЇ ЕНЕРГІЇ У СФЕРІ ГОСПОДАРЮВАННЯ

The article is devoted to the study of the legal nature of the cost of unaccounted electricity, the calculation of which is a consequence of the commission of relevant offenses in sphere of economic activities. Attention is drawn to the problem of qualification of the cost of unaccounted electricity and the active dynamics of changing the positions of the judiciary on the issue, the lack of a common position on the legal nature of these losses. It is noted that economic courts do not make a legal assessment of such losses in the process of considering cases for cost recovery of unaccounted electricity or such an assessment is debatable. It is noted also that the cost of unaccounted electricity in law enforcement practice qualifies as operational-economic sanctions, and as losses, and as payment for the cost of electricity (a special form of liability). In this regard, the key aspects of the application of such forms of economic and legal liability as operational-economic sanctions and compensation for losses are analyzed, the features of contractual debt are determined. Arguments are given that exclude the possibility of recognizing the accrual of the cost of unaccounted electricity by operational-economic sanctions. It is proved that the cost of unaccounted electricity is not a payment for the supplied electricity, including debt. Based on the analysis of the relevant rules of economic legislation and special regulations governing relations in the electricity market, and according to scientific positions on forms of economic liability and judicial practice of recovery of unaccounted electricity, arguments are presented and it is substantiated that disputes on recovery of unaccounted electricity in the field of economic activities are disputes over the recovery of losses, and the value of unaccounted electricity in the field of economic activities by its legal nature are losses in the form of the value of lost property.

Simplified claim proceedings: Legislative regulation of the Economic Procedure Code of Ukraine

In building a legal state, one of its key criteria is the creation of an honest, transparent, and effective judiciary. The essential need for radical changes in the judicial system and the reform of its individual institutions is a requirement of time. The main purpose of the judicial and legal reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, effective, and responsible judiciary, which will be trusted by society. During the study, the method of analysis and synthesis was used for the methodological basis, thanks to which the main types of simplified procedures, their features, and legal nature were determined. Using the historical method, the emergence and development of simplified judicial procedures was investigated. Based on the dialectical method, the terms “simplified judicial procedures”, “writ proceedings” and “simplified claim proceedings” were formulated. The formal logical method was used to identify shortcomings in the legal regulation and procedural regulation of simplified judicial procedures under the new Economic Procedural Code of Ukraine. The theoretical and predictive method was used to develop and outline the main vectors for introducing changes to the legislation of Ukraine within the framework of consideration of cases in simplified proceedings. The qualifying features of simplified judicial procedures were formulated as follows: a special procedural form, voluntary application by stakeholders, special admission criteria, a special regime for applying evidence, and a special procedure for reviewing court decisions. Considering the legal nature of simplified judicial procedures, it was justified that the latter should include only writ and simplified claim proceedings. Therewith, writ proceedings are a special form of simplified judicial procedures in the economic process, which lies in persistent protection of undisputed rights, freedoms, and legitimate interests of a person, which occurs based on issuing a suitable court order. Simplified claim proceedings are a special form of simplified court procedures within the framework of economic proceedings, which lies in the rapid protection of the rights, freedoms, and legitimate interests of a person, based on the insignificance of 6 stated requirements, the availability of written documents, without holding full-fledged court sessions and with the issuance of a special court decision. It was proposed to add amendments to the corresponding economic procedural legislation of Ukraine regarding the regulation of the procedure for considering economic disputes in the simplified claim proceedings. Judicial legal reform in Ukraine is complex and involves amendments to the Constitution of Ukraine, legislation on the judicial system and status of judges, reform of related institutions (prosecutor’s office, bar, law enforcement agencies), as well as improvement of procedural legislation and legislation governing the procedure for executing court decisions. The article notes that legislative changes have been introduced to the Economic Procedural Code of Ukraine, new forms of economic proceedings have been initiated, one of the forms of economic proceedings is simplified claim proceedings, which are designed to consider minor cases, cases of minor complexity, and other cases for which a quick resolution of the case is a priority. Along with the simplified procedure and procedure for considering an economic case, the introduction of such a form of judicial dispute consideration also revealed certain shortcomings in its regulation. The materials of this paper are of practical value for further research in this area, considering the ability to substantially relieve economic courts and increase the efficiency of economic proceedings, while raising the level of trust in them.

GROUNDS FOR THE INVALIDATION OF THE RULINGS OF THE JOINT-STOCK COMPANY SUPERVISORY BOARDS IN THE LIGHT OF THE RECENT CASES OF THE SUPREME COURT

The article presents the results of a study of the recent case law of the Supreme Court’s Economic Court of Cassation as for the grounds for invalidating the rulings of the joint-stock companies’ supervisory boards. Since the law does not define such grounds, the Supreme Court’s practice on this matter is crucial. It is concluded that the rulings of the joint-stock companies’ supervisory boards may be invalidated if there is a violation of the rights and legal interests of shareholders of the joint-stock company as well third parties. The specific grounds for the invalidation are highlighted in the article: excess of the powers by the supervisory board; the incompetence of its composition; failure to notify a shareholder on the appointment of a meeting of the supervisory board; lack of a quorum at a meeting of the supervisory board; other non-compliance with the requirements of legal rules governing the procedure for convening a meeting of the supervisory board and making decisions, if the aforesaid violation entailed the adoption of an incorrect act; violation by the ruling of the supervisory board of the rights and legal interests of shareholders or third parties. The authors propose to provide the above grounds for invalidation of the supervisory board’s ruling by the legislation. Also the ruling of the joint-stock company’s supervisory board made online (if the members of the board are outside the location of the company and the signing of the ruling does not take place on the day of the meeting is not a ground for invalidation of such a ruling.

ВІДКРИТТЯ ПРОВАДЖЕННЯ У СПРАВІ У ГОСПОДАРСЬКОМУ СУДОЧИНСТВІ

Not every appeal to the court means the automatic opening of proceedings, because the statement of claim must still be checked by a judge for compliance with the requirements of procedural law on form and content, compliance with the rules of jurisdiction, lack of abuse of the right to appeal by the plaintiff etc. All this allows for a balance between the rights of the parties to the dispute. The purpose of the article is a theoretical understanding of the stage of opening proceedings in economic procedure, a systematic analysis of the grounds and consequences of procedural decisions made by the economic court at this stage, and highlighting on this basis the author’s vision and purpose of the stage of opening proceedings. The author emphasizes that based on the results of checking the statement of claim for compliance with the Code of Economic Procedure of Ukraine, the judge makes one of four decisions: leaves the statement of claim without motion, returns the statement of claim, opens proceedings or refuses to open proceedings. The opening of proceedings is a ne cessary condition for further consideration of the business case, and therefore is the logical conclusion of this stage. Leaving the statement of claim without action does not lead to the opening of proceedings immediately, but such proceedings may be opened later, after eliminating the shortcomings of the statement of claim. If the plaintiff has not eli minated the shortcomings of the statement of claim within the period established by the court, the statement is considered unfiled and returned to the person who filed the statement of claim. According to the results of the study, the author concludes that the stage of initiating proceedings in commercial litigation is important because, on the one hand, it acts as a kind of procedural filter that allows to “screen out” claims filed in violation of legal requirements for their form and content, as well as lawsuits filed in violation of the rules of jurisdiction and jurisdiction, and on the other hand — allows the court to make priority preparatory actions for future litigation (to determine whether the rules of general or summary proceedings will be considered, to resolve conducting several cases, to set a deadline for the parties to submit relevant documents on the merits of the case, etc.). The opening of proceedings is a necessary condition for further consideration of the business case, and therefore is the logical conclusion of this stage. The judge is unable to detect the existence of most grounds for refusal to initiate proceedings (except when the application is not subject to consideration under the rules of commercial procedure) without taking additional actions that are not provided by the Code of Economic Procedure of Ukraine.

Legal Construction for the Establishment of Sharia Economic Special Courts in Religious Courts in Indonesia

The urgency of establishing a special sharia economic court within the Religious Courts is due to the dualism of sharia economic dispute settlement institutions that still continues due to the harmonization of laws and regulations related to sharia economics has not been carried out. The purpose of this study is to analyze the legal construction of the establishment of a special sharia economic court in the religious courts in Indonesia, and the important factors in the establishment of a special sharia economic court in the religious courts in Indonesia. The normative method is used in research with a normative juridical approach. The results of the study are the legal construction of the establishment of a special sharia economic court placed within the Religious Courts and culminating in the Supreme Court of the Republic of Indonesia. The establishment of a special sharia economic court is constitutionally based on Article 24 paragraph (2) of the 1945 Constitution, the provisions of Article 1 paragraph 8 and Article 27 paragraph (1), paragraph (2) of Law Number 48 of 2009 concerning Judicial Power and Article 3A of the Law Number 3 of 2006, affirmed Article 3A paragraphs (1), (3) and 13B paragraph (1) of Law Number 50 of 2009 concerning the Second Amendment to Law Number 7 of 1989 as the legal basis.

Maribor v 13. stoletju. 2. del: cerkvene institucije v mestu in okoli njega

In the second part of the discussion on the history of the city of Maribor in the 13th century, the author focused on the presentation of the activities of the ecclesiastical institutions that were created and/or operated in the city. The reflection began with questions connected with the origin and fate of the parish church of St. John the Baptist and St. Thomas in Maribor. In Maribor and its surroundings many monasteries from Carinthia and Styria as well as some dioceses also had their own administrative and economic courts. An overview of the number and nature of the various ecclesiastical institutions shows that they had a great interest in the town and its surroundings and thus undoubtedly had a great influence on life in the town.

Development of judicial bodies of integration associations in the post-Soviet space

The article provides a comparative legal analysis of the conditions for the formation and status of existing and existing judicial bodies of Eurasian integration associations (the Union State, the CIS, the Customs Union, the EurAsEC, the EAEU), which are an integral element of the institutional structure of these associations. The author identifies and formulates the conditionality of the status of these courts to the specifics of each integration association, determined by the totality of interests, goals and objectives pursued by the states that are members of this association. The author also determines the conditionality of the development of courts by the consistency of legal systems and national legal consciousness in the member countries of integration organizations. The latest in the post-Soviet integration space, the EEU Court has a number of advantages over the CIS Economic Court, the fate of which should be considered in the context of determining the prospects for the development of the CIS itself. At the same time, being the “legal successor” of the EurAsEC Court, the EAEU Court is “weaker” in many elements of its status than its predecessor. The author points out the fallacy of the simplified explanation of the restrictions that occurred in the status of the EAEU Court, in particular, the unjustified judicial activism of its predecessor. In his opinion, the current status of the EAEU Court was a recognition of the complex political and mental nature of the Economic Union, which requires a more evolutionary development of communitarian legislation, forms of its interaction with national legal systems that fully take into account the traditions and legal consciousness in the EAEU member states.

STANDARDS OF FAIR JUSTICE IN ECONOMIC COURTS IN CONDITIONS OF REFORM

The purpose of this article is to study the problematic issues related to the implementation of fair justice standards in economic courts and to develop possible ways to solve them. The article states that in connection with the proclamation of the course of integration into the European Community and the approximation of the Ukrainian legal system to European and world standards, the introduction into Ukrainian law of provisions that exist for some time in international law is one of the important steps towards this goal. Ukraine’s accession to international conventions, taking into account international case law are one of the conditions for Ukraine’s transition to full-fledged market relations, sustainable economic development, as well as ensuring stability in economic activity, which is the most pressing problem in modern times. It is emphasized that fair justice cannot be administered at the national level without defining the institutional system. That is, the judiciary can be only organizational and financially independent bodies that are created and operate on the basis of law. It is noted that the element of fair justice is possible to determine the principle of procedural equality of the parties, which is defined as an integral element by which each party is given a reasonable opportunity to participate in the proceedings. Emphasis is placed on the principles of competition, accessibility and publicity. It was emphasized that not only the consideration of the case in court, but also other elements of the proceedings should be public. Of particular importance is the availability of judicial acts for public review, the publicity of the final stage of the proceedings. It is noted that the elements of the standard of fair justice have their own characteristics, due to the level of economic and social development, national and cultural traditions. At the same time, it is emphasized that there is a convergence of justice systems, due to the common problems that arise in today’s globalized world. In Ukraine, standards of fair justice must be implemented taking into account national characteristics and traditions. Conclusions and suggestions are made.

ON PROBLEMATIC ISSUES RELATED TO REIMBURSEMENT OF LEGAL EXPENSES FOR PROFESSIONAL LEGAL ASSISTANCE IN ECONOMIC PROCEEDINGS

In this article, the author offers his own author’s definition of the concept of “legal expenses in economic proceedings”, since the current economic procedural provisions lack this definition. Guided by the existing legal doctrine, the author suggests understanding this concept as material costs of participants in economic proceedings related to the resolution of legal disputes referred to the jurisdiction of the economic court, which encourage the parties to resolve the dispute out of court. In summary, this article is devoted to highlighting most of the legislative gaps related to reimbursement of legal expenses for professional legal assistance in economic proceedings. In particular, the problem of the absence in the Code of Commercial Procedure of Ukraine of a list of evidence (documents) confirming the fact of legal expenses for professional legal assistance incurred by a participant in economic proceedings, which may lead to a restriction of the right to reimburse for this type of legal expenses, is highlighted. It is emphasized that the list of evidence that confirms the fact of legal expenses for professional legal assistance incurred by a participant in economic proceedings should be determined by the procedural legislation rather than formed through the prism of judicial practice. It is determined that legislative criteria for a detailed description of works (services rendered) should be clearly established, which should comply with the Law of Ukraine “On Advocacy and Legal Practice”. Based on this, the article proposes to determine the procedure for writing a detailed description of works (services rendered) for each lawyer’s fee rate. It is emphasized to be inappropriate for the parties’ procedural obligation to submit to the court a preliminary (estimated) calculation of legal expenses incurred and expected to be incurred by the parties in connection with the consideration of a particular court case. In addition, this paper highlights the problems of the manifestation of excessive formalism principle in economic proceedings, which implies the court's authority to refuse reimbursement to the party in favor of which the court has founded of the legal expenses for professional legal assistance, if the party has not submitted a preliminary (estimated) calculation of legal expenses, but documented them.