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
Rule of Law Roadmap
The UNBA is developing a model for reforming the legal profession
The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
Advocates and patent attorneys combine their expertise in the field of intellectual property
Joint legislative proposals, expert opinions on regulatory changes and professional discussions on key issues in the field of intellectual property will form the basis of cooperation between the Ukrainian National Bar Association and the National Association of Patent Attorneys of Ukraine.
Interaction
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue
On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.
Legal defence of military personnel
The model for legal assistance to veterans was discussed at the UNBA
A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.
Guarantees of the practice of law
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU
The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
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