What is the evidence of legal fees for their recovery?
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
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.
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.
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.
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.
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.
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.
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.
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.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates