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Publication date: 16.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
In litigation in Ukraine, the costs of legal defence can be a significant financial burden for the parties. However, in the event of a successful case, the law provides for the possibility of reimbursement of court costs. Let's have a closer look at this process.
Legal basis
The legal framework for reimbursement of court costs in Ukraine is contained in the Civil Procedure Code of Ukraine. According to the CPC of Ukraine, the court may decide on reimbursement of legal defence costs, including the costs of a lawyer and other representatives in the case, if such reimbursement is provided for by law or by agreement of the parties.
Terms of reimbursement
To receive reimbursement of court costs, a party must meet certain conditions. In particular, it must prove that
The costs were reasonable and necessary: The court costs must be reasonable and necessary to protect the rights and interests of the party in the litigation.
The case was heard by the court: Reimbursement of costs is only possible if the case is successfully heard by the court.
Timing and procedure: A party must comply with the statutory time limits and procedures for claiming reimbursement of court costs.
Reimbursement procedure
The procedure for reimbursement of court costs includes the following steps:
Filing a claim: Upon completion of the court proceedings, the party seeking reimbursement of costs submits a claim to the court.
Consideration by the court: The court considers the claim for reimbursement of court costs, taking into account all the circumstances of the case and evidence of the costs.
Decision-making: Based on the consideration of the claim, the court makes a decision on the reimbursement of court costs, setting the amount and conditions of reimbursement. Lawyer's representation in court.
If necessary, a party may use the services of a lawyer or other legal representative to protect its interests in the litigation to the maximum extent possible. Legal support includes advice on legal issues, drafting and submission of procedural documents, representation of interests before the court and other services.
One way to minimise legal costs is to use alternative dispute resolution methods, such as mediation or arbitration. These methods may allow the parties to reach a mutually beneficial solution without going through a costly court process. It is also possible to conclude a cost-sharing agreement for legal defence between the parties to the dispute, which will help to distribute the financial burden between them.
It is also important to consider the possibility of obtaining legal assistance from state or non-governmental organisations that provide free or affordable services for people with low incomes or in cases of great public importance.
The reimbursement of court costs in Ukraine is an important mechanism for ensuring access to justice and protecting the rights and interests of parties to litigation. It is important to comply with the established legal procedures and conditions for successful reimbursement.
Thus, reimbursement of court costs in Ukraine is an important aspect of the legal system that ensures equal access to justice and protection of the rights of individuals and businesses. Seeking legal assistance, exploring alternative dispute resolution options and rational use of resources will help to minimise the cost of legal defence and ensure an effective outcome in resolving legal conflicts.
