Moderation of reimbursement of costs for judicial and administrative proceedings as a way of distributing these costs between parties

Abstract

In the article the meaning of institution of moderation of reimbursement of expenses for judicial and administrative proceedings is described. It has been established, that this institution, on the one hand allows the court in certain cases to be guided by a sense of justice (correctness) in determining the distribution of costs of the process; on the other hand, it is a tool for countering the abuse of the right to court. Typical circumstances are also indicated, the occurrence of which in the concrete case entitles the court to take advantage of the institution of moderation of reimbursement of costs for judicial and administrative proceedings. It was demonstrated, that these circumstances refer primarily to the nature of the case and the related efforts of the representative, the actions of the parties and their representatives, the scope of recognition of the case by the court of the instance, as well as the economic situation of the party obliged to bear the costs of the proceedings.