Features of filing a claim for reimbursement of expenses for professional legal assistance in commercial litigation

Abstract

The article analyzes the issues of reimbursement of costs for professional legal assistance in economic proceedings, taking into account the relevance and progressive approaches to addressing this issue in legal practice. It is noted that ensuring the right to legal aid is a constitutional guarantee, and the costs of legal services can be reimbursed if they are recognized as reasonable and justified. The norms of Ukrainian economic procedural legislation on the reimbursement of costs for professional legal assistance are analyzed, as well as their interpretation by the Supreme Court. The emphasis is placed on the duty of the parties to provide the court with evidence of these costs and the importance of their proportionality to the complexity and nature of the case. The conclusions of the Supreme Court regarding the submission of applications for the adoption of an additional decision on the costs of professional legal assistance and the provision of evidence of such costs after the adoption of the main court decision are considered. Attention is drawn to the fact that a lack of evidence of sending the application to the other party may affect the consideration of the application for reimbursement of costs for professional legal assistance. The importance of complying with the form and content of written statements, motions, and objections on procedural matters in accordance with the law is highlighted. The responsibility of the parties for noncompliance with these requirements, which may lead to the return of the application without consideration, is analyzed. It is emphasized that the principle of proportionality of costs for legal assistance is important to balance the right to effective protection in court and the reasonable cost of legal assistance. The requirement for the justification of costs corresponds to the principles of reasonableness, fairness, and proportionality, ensuring balance and justice in economic proceedings. A comprehensive approach to addressing the issue of reimbursement of costs for professional legal assistance in economic proceedings is proposed, emphasizing the importance of compliance with procedural requirements and principles by the parties to ensure fair and effective protection of rights and interests of participants in the judicial process