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Publication date: 17.05.2024
Cost of legal rights protection
Ukraine, at the legislative level, guarantees the reimbursement of legal costs incurred by the plaintiff to protect his rights, freedoms and legitimate interests, in case the claim is satisfied.
Court costs are costs incurred in connection with the consideration and resolution of a case in court.
Court costs include:
1. The court fee is a fee for submitting applications, complaints to the court, for issuing documents by the courts, as well as in the case of the adoption of individual court decisions.
2. Expenses related to the consideration of the case, which may include:
- Expenses for legal assistance.
- Expenses for experts and specialists, if their involvement is necessary for the case.
- Expenses for collecting evidence, requesting evidence, conducting a review of evidence according to their location, including costs for copying, printing documents, postal services, etc.
- Expenses related to the execution of other procedural actions, which are necessary for consideration of the case. For example, for video conferencing or other technological means, if they are used to participate in a court hearing.
- Expenses related to the involvement of witnesses, experts, specialists, translators, conducting examinations.
State guarantees for consideration of the dispute by the court in case the plaintiff does not have the funds to pay the court fee or other court costs:
Ukrainian legislation provides certain guarantees for persons who do not have the funds to pay the court fee or other court costs when the dispute is considered by the court.
Postponement or deferred payment of the court fee:
The court may delay or postpone the payment of the court fee, taking into account the property status of the party.This can be done for a certain period of time, but not longer than until a court decision is made in the case.
Leaving the application without consideration:
If the court costs are not paid within the term set by the court, the application may be left without consideration. Otherwise, if payment has been delayed or deferred until the decision is made, the costs may be recovered by court order.
Reduction of court costs or exemption from their payment:
The court may reduce the amount of court costs related to the consideration of the case or exempt from their payment, again taking into account the property status of the party.
Reduction of court fees:
In the case of filing a statement of claim after a statement to provide evidence or a lawsuit, the amount of the court fee is reduced by the amount paid for the previous statement.
These measures help ensure access to justice for all citizens, regardless of their financial status.
The procedure and features of reimbursement of expenses for professional legal assistance:
After consideration of the case, the costs of the lawyer's legal assistance are divided between the parties together with other court costs.
The amount of legal aid costs includes a lawyer's fee for representation in court, preparation for the trial, collection of evidence and other related services. The cost of the services of a lawyer's assistant is also taken into account.
The amount to be paid in order to compensate the lawyer's expenses is established in accordance with the terms of the contract on the provision of legal aid and on the basis of relevant evidence.The participant in the case must submit a detailed description of the work provided by the lawyer and the incurred expenses necessary for the provision of legal assistance.
The amount of expenses for the attorney's services must be commensurate:
The complexity of the case and the work performed.
Time spent by the lawyer on work.
The volume of services provided and works performed.
The cost of the lawsuit and the importance of the case for the parties.
Cost reduction:
If the requirements for proportionality of costs are not met, the court may reduce the compensated amount of legal aid costs at the request of the other party.
Proof of cost disproportionality:
The burden of proving the disproportionality of costs rests with the party that makes a request to reduce costs for the payment of legal aid of a lawyer.
Expenses of natural persons related to the payment of professional legal assistance during court consideration of cases on the declaration of a deceased natural person shall be borne by the legal entities on whose territory the accident occurred.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation and analysis of documents, will prepare a legal opinion, according to which they will ensure the representation of the client's interests in state authorities or in court, and will participate in a court hearing in any city of Ukraine. A lawyer's consultation and a lawyer's legal opinion will be a guarantee of quality protection of your rights and interests.
Legal service "Consultant" provides the service "lawyer's help online".
