What is the evidence of legal fees for their recovery?

Advocacy
13:08 Fri 17.01.25 212 Reviews
Print

The amount to be paid as reimbursement for the attorney's expenses necessary to provide legal aid is determined in accordance with the terms of the legal aid agreement on the basis of evidence confirming the relevant expenses.

The Supreme Court, composed of the panel of judges of the Administrative Court of Cassation, considered what constitutes sufficient evidence in case No. 380/13261/23. The decision of 04.12.2024 was published in the Unified State Register of Court Decisions.

The company won a dispute with the tax authorities on the invalidation and cancellation of a tax assessment notice. By an additional decision, the court recovered from the defendant the costs of professional legal assistance. The appeal upheld the position of the first instance court.

Disagreeing with this, the tax authority filed a cassation appeal with the Supreme Court. In particular, the defendant considered the additional decision to be unreasonable, as it believed that the criterion of the actuality of expenses was not met.

After all, the amount claimed for reimbursement of legal aid expenses was not documented before the additional decision was made, as no documents confirming the fact of payment of the fee were submitted to the court by the plaintiff.

However, according to the case file, the plaintiff attached copies of documents to the application for an additional decision, including an additional agreement, annexes thereto, an act of services rendered, a detailed description of the services performed by the lawyer and the expenses incurred by him to provide legal assistance, and two payment orders.

From the content of the agreement, it was clear that the lawyer provided legal assistance on a fee basis. The client was obliged to pay a fee for the assistance. At the same time, a sufficient confirmation of the fact that legal aid was provided and the client's obligation to pay for it is the execution of an act on the services provided between the parties.

The court of cassation noted that the decisions of the courts of previous instances show that the plaintiff had attached the relevant payment orders to the additional decision. And the defendant did not refute these circumstances cited by the courts in any way.

Taking into account these and other circumstances of the case, the panel of judges concluded that the cassation appeal should be dismissed.

As a reminder, the general rule of Article 134 of the Code of Administrative Procedure is that the parties bear the costs associated with legal assistance of a lawyer. Based on the results of the case, the costs of legal assistance of a lawyer are to be distributed between the parties along with other court costs.

Popular news

The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

Guarantees of the practice of law

The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.

12:28 Fri 03.07.26 101
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer

Legislation

The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer

The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.

15:54 Tue 30.06.26 119
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

Interaction

A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.

16:59 Fri 26.06.26 190
Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

Court practice

Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

The predictability of judicial practice, jurisdictional disputes, cassation filters, enforcement of judgments against the state, the burden of proof, written proceedings, and guarantees for the practice of law remain key issues in administrative justice for advocates.

18:22 Fri 19.06.26 171
Preparations for the ratification of the Convention on the Protection of the Professions of Lawyer are in the final stages

Guarantees of the practice of law

Preparations for the ratification of the Convention on the Protection of the Professions of Lawyer are in the final stages

On June 9, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer. The Ministry of Justice and the Ukrainian National Bar Association agreed on approaches to draft laws regarding the ratification and implementation of the Convention. Participants have been given 10 days to prepare the draft laws that will be submitted for consideration.

13:01 Thu 11.06.26 226
Internships at German law firms: IRZ is accepting applications from Ukrainians

Announcements

Internships at German law firms: IRZ is accepting applications from Ukrainians

In 2026, the German Foundation for International Legal Cooperation (IRZ) plans to organize a multilateral internship program for young advocates from partner countries. Participants will attend an introductory seminar in Bonn and complete internships at law firms in Germany.

10:51 Thu 11.06.26 195
A representative of the UNBA will be stationed in Düsseldorf

Appointment

A representative of the UNBA will be stationed in Düsseldorf

By Order No. 159 of the President of the UNBA, BCU, dated June 3, 2026, advocate Vyacheslav Us has been appointed as the representative of the Ukrainian National Bar Association in the Federal Republic of Germany, in the city of Düsseldorf.

19:03 Wed 10.06.26 128
Accountability for denying the Holodomor requires clear boundaries – UNBA

Legislation

Accountability for denying the Holodomor requires clear boundaries – UNBA

Criminal liability for denying the Holodomor as genocide must be formulated in a way that avoids the risk of arbitrary interpretation of the law. Otherwise, it becomes possible to criminalize not only unlawful acts but also scientific or historical debate.

15:46 Wed 10.06.26 126

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл