НЕРАЗУМНАЯ РАЗУМНОСТЬ, ИЛИ ВЫНУЖДЕННЫЕ УБЫТКИ ОТ ПРАВОСУДИЯ (ЕЩЕ РАЗ О ВОЗМЕЩЕНИИ СУДЕБНЫХ РАСХОДОВ НА ОПЛАТУ УСЛУГ ПРЕДСТАВИТЕЛЯ)
This article offers a comparative analysis of one of the most controversial current legal issues, namely the reasonableness of legal fees recovery and similar remedies. The authors come to the conclusion that domestic courts’ approaches do not meet the standards of certainty and predictability. At the same time, other legal systems have developed original approaches to the determination of legal fees to be reimbursed by a losing party. The article gives a comparative perspective over legislation and case-law in other jurisdictions. In the United States and United Kingdom, courts have developed a detailed test to determine the reasonableness of the legal costs incurred. In Germany, the amounts to be reimbursed are established by law. The authors conclude that it is necessary to introduce a clear methodology and predictable criteria for determining the reasonableness of expenses per representative in the Russian legal system. The basic principle may be the presumption of reasonableness of expenses incurred, which is enshrined in the legislation or explanations of the higher courts.