The lawyer of the Nadmitov, Ivanov and Partners Law Firm Delgira Khodzhaeva gave comments to Pravo.ru for the article "The Supreme Court decided when the driver is compensated for the costs of the lawyer."
The lawyer of the firm points out that the case of administrative responsibility and the recovery of losses incurred in connection with it are two separate issues.
“In litigation between citizens and state bodies, the parties to the dispute are not in an equal position, so the issue of the correct distribution of the burden of proof is of particular importance,” explains Khodzhaeva. According to her, the plaintiff will now have to prove that he had to spend money on the services of a lawyer precisely because of the illegal bringing to administrative responsibility by the policeman.
However, the judge can reduce the amount "within reasonable limits", guided by a number of factors, says Khodzhaeva: "When determining reasonableness, the court can take into account the volume of the stated claims, the cost of the claim, the complexity of the case, the volume of services provided, the time required to prepare procedural documents. the duration of the consideration of the case and other circumstances. "
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