Legal aid in civil proceedings: who is responcible to decide the fee?

Iryna Izarova

Iryna Izarova Taras Shevchenko National University of Kyiv

Keywords: Judiciary, civil procedure, lawyer`s fee, case law.

Abstract

The objective of this paper is studying the most significant issues of the current reform related to the professional legal aid in court and is analyzing dedicated to the new way for case-law improvements finding. Having analyzing of this paper, we should note, that we began with the constitutional provisions of the professional legal assistance investigation, as well as the procedure of their qualification; the second part is dedicated to the issues of free legal aid; in the third part we discuss the practical issues of the lawyers` fee, happened in Ukraine; and in the last, forth part some concluding remarks were made on the ground of abovementioned. According to the brief results of the study, we have concluded, that in the light of concept of a fair trial, the compulsory representation in courts proceedings in Ukraine is well grounded, but legal fee, as well as a lawyer`s fee, should not limit the person, against whom the decision was given, through the high costs of legal assistance in court proceedings, therefore, the claim for these fees reimbursement should be considered as an additional claim in competitive proceedings.

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Author Biography

Iryna Izarova, Taras Shevchenko National University of Kyiv

Dr.Sc., Professor, Law Faculty, Taras Shevchenko National University of Kyiv, European Law Institute Fellow, Member of Consultative Committee of ELI-UNIDROIT Project ‘From Transnational Principles to European Rules of Civil Procedure

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