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Lawyers' Fees as Part of Costs in Commercial Procedure

Student: Matyushenkov Roman

Supervisor: Maria Filatova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

The subject of this scientific work is the legal nature of the institution of legal fees in the commercial procedure and its legal regulation, as well as the criterion of reasonableness and proportionality. The study does not cover the civil procedural legislation of Russia and case law of courts of general jurisdiction. The purpose of the research is to identify the legal nature of court costs and legal fees in Russian commercial procedure in comparison with other countries’ law and practice, analysis of different approaches to determining the limits of court costs. Furthermore, the main tasks of the research are: the consideration of the institution of court costs as the realization of the right to judicial protection and the right to a fair trial; the consideration of the nature of legal expenses and legal fees; the analysis of doctrine and scientific literature; the judicial practice analysis; comparative analysis of the criteria «reasonableness» in different jurisdictions; analizing the institution of success fee and composition of court costs. The present analysis has been based on of the legislation and jurisprudence of Russia, the USA and England.

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