Other court costs related to the proceeding shall be borne by:
1) in case of satisfaction of the claim - against the defendant;
2) in case of refusal in the claim - on the plaintiff;
3) in the case of partial satisfaction of the claim - on both sides in proportion to the amount of satisfied claims.
In order to determine the cost of professional legal assistance, the party must provide a detailed description of the work or services provided by the lawyer and the expenses incurred by him for the provision of legal assistance.
However, it should be noted that according to the law, the amount of expenses for the lawyer's fees must be commensurate with:
1) the complexity of the case and the work performed by the lawyer (services rendered);
2) the time spent by a lawyer to perform the relevant work (provision of services);
3) the amount of services and work performed by an advocate;
4) the price of the claim and (or) value of the case for the party, including the influence of the decision on the reputation of the party or public interest in the case.
In case of non-compliance with these requirements, the court may, at the request of the other party, reduce the amount of expenses for the professional legal assistance of a lawyer.
However, the obligation to prove the inappropriateness of costs lies with the party claiming a reduction in the cost of paying for legal aid. If the other party fails to prove their inequality, the court will collect the claimed expenses for legal assistance.
Such a conclusion was made by the Supreme Court in a ruling of December 18, considering the case number 910/4881/18 and determining the grounds for the collection and determination of the cost of legal assistance.
Thus, the Supreme Court upheld the Kyiv City Economic Court's decision to recover 337,665.08 UAH of expenses for professional legal assistance.
In substantiating such a decision, the court of cassation noted that, according to the results of the consideration of the case, the costs of professional legal assistance to the lawyer are subject to distribution among the parties, together with other legal expenses. Since the plaintiff spent 337 665.08 UAH expenses on the professional legal assistance of the lawyer, as well as paid the costs of services of the lawyer's assistant, which are related to the case and preparation for its consideration, while the petition for the reduction of these costs was not filed by the defendant, the court substantiatedly put the defendant as a person (due to unlawful actions which arose a dispute) costs of the plaintiff for professional legal assistance.