The Supreme Court published practice regarding legal aid expenses: key conclusions
The Supreme Court has prepared a review of judicial practice regarding expenses for professional legal aid in administrative proceedings. The document summarizes legal positions formed based on the results of cassation review of administrative cases from January 2018 to May 2026.
The review organizes the Supreme Court's legal conclusions into five main directions.
1) General provisions on expenses for professional legal aid in administrative proceedings, including criteria for evaluating expenses and the limits of the court's authority to conduct such evaluation, the adversarial principle when resolving the issue of reimbursement of legal aid expenses, deadlines and proper methods for applying to the court for reimbursement of such expenses;
2) Justification and proportionality of expenses for professional legal aid, including circumstances subject to verification when deciding on the distribution of court costs for professional legal aid, the principle of proportionality and conditions for its application when recovering legal aid expenses; evidence regarding the scope of services provided and work performed, their cost, and hourly calculation;
3) Lawyer's fee and other components of expenses for professional legal aid, including the fixed amount of the lawyer's fee as a component of expenses, the key criterion for assessing the "success fee" when determining the amount of reimbursement; protection against recovery of unjustified legal aid expenses;
4) Distribution of expenses for professional legal aid in case of termination of proceedings due to withdrawal of the claim or voluntary elimination of the violation by the authority;
5) Additional court decision on reimbursement of expenses for professional legal aid, including the legal nature, grounds, procedure, and procedural forms of adopting such a decision.
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