Ustiushenko S. Legal fees in Ukrainian civil proceedings

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102098

Applicant for

Specialization

  • 081 - Право. Право

08-07-2021

Specialized Academic Board

ДФ 41.086.040

National University «Odessa Law Academy»

Essay

Qualification thesis as a manuscript. Dissertation for the degree of Doctor of Philosophy in 081 – Law. – National University “Odesa Law Academy”, Odesa, 2021. This dissertation is the first special scientific research of legal fees in Ukrainian civil proceedings in the Ukrainian science of the civil procedural law performed against the backdrop of the updated civil procedural law and eurointegration processes. In this research paper, we have performed a complex analysis of legal fees both as a type of cash expenses and as an institute of civil procedural law. We have provided the legal framework for theoretical and practical provisions on legal fees in civil proceedings, detected and solved certain related problems of jurisprudence and legal practice. We have defined the content of the term and legal nature of legal fees. We have analysed the existing scientific approaches to distinguishing legal fees into two groups: legal fees in general, i.e. public expenses for legal system functioning and specific legal fees, i.e. expenses of parties and other parties to the case relating to trial and ruling in a particular civil case. We have established that in order to disclose the essence of the term “legal fees” in the science of civil procedural law, we can only use its specific meaning.

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