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Justification of the cost representation services as one of the criteria of reasonableness (excessive) in reimbursement of expenses in civil and arbitration proceedings (problem statement)

Annotation

We present a justified position that the definition of reasonableness (excess) in reimbursement of expenses is included in a wider range of problems associated with reasonableness in civil proceedings – problems of a doctrinal nature. We substantiate the argument that the legal nature of the “reasonable limits” for collecting expenses (especially, the justification for the representation services cost) does not have the effect of “pre-reflection” due to a number of objective reasons. We pay special attention to the necessity for legal mediation of the problem sector (and, in general, interested participation from the state, for example, when the Government of the Russian Federation is included in this process), concerning the justification of the cost of legal services for reimbursement of expenses in civil and arbitration proceedings. We list materials of court practice on reimbursement of expenses for payment of the representative's services, confirming the polarity of positions. We reflect other criteria that affect the justification of legal services cost in the context of the problem under consideration. We attempt to answer the question: what are the limits of such legal mediation of the problem sector: is there no risk of legalization in the narrow sense of this concept (excessive legal regulation)?

Keywords

reasonableness in reimbursement of expenses; reasonableness criterion; civil proceedings; representation services cost; reasonable limit

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DOI

10.20310/2587-9340-2020-4-15-383-389

UDC

347.9

Pages

383-389

References

1. Cherkashin V.A. Razumnost’ v grazhdanskom protsesse: sushchnost’ i perspektivy [Reasonableness in civil procedure: essence and perspectives]. Rossiyskiy sud’ya – Russian Judge, 2011, no. 6, pp. 17-23. (In Russian). 2. Lebedev V.M. Stanovleniye i razvitiye sudebnoy vlasti v Rossiyskoy Federatsii [Formation and Development of the Judiciary in the Russian Federation]. Moscow, 2000, 368 p. (In Russian).

Received

2020-08-14

Section of issue

Procedural law

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