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Уступка права на возмещение судебных расходов (комментарий к определению судебной коллегии по экономическим спорам Верховного Суда РФ от 26.02.2021 № 307-ЭС20-11335)
The Supreme Court, in the commented definition, answered conceptual questions for the field of legal costs about whether legal costs in the form of payment for legal services in the conduct of a case in an arbitration court can be considered incurred by granting the person who provided the plaintiff these services the right to reimbursement of legal costs (yes, may), as well as whether the assignee can enter into the proceedings for the recovery of court costs as the legal successor of the assignor, who has ceded to him the right to reimbursement of legal costs before the court considers this issue (yes, it can). In the article, the conclusions of the judicial collegium of the Supreme Court are placed in a broad procedural context. To prove the incurring legal costs, the author proposes to consider it sufficient to establish a) that a person has an obligation to pay, b) an irreversible adequate expression by this person of the will to perform this obligation, sufficient to fulfill this obligation. The proof of this provision makes it possible to substantiate a broader interpretation of the concept of “incurred legal costs” carried out by the panel of judges. substantiate the correctness and progressiveness of the conclusions of the judicial board regarding the possibility of transferring the right to reimbursement of legal costs at the time of the assignment.