To question about penalty of legal expenses on payment of the services of representative, born at consideration of statement about penalty of legal expenses

The analysis of arbitrage judicial legislation and judicial practice is conducted in part of question of penalty of legal expenses on payment of the services of representative, born by a side at consideration of statement about the penalty of legal expenses. Into account accepted practical meaningfulness, absence of works and practical contradiction of the chosen aspect of judicial institute of legal expenses. Two opposite positions of courts of the arbitrage system are considered through this question, an outspoken position of Higher Arbitration Court of Russian Federation in totality with straight opposite position of general courts putting determination of Constitutional Court of Russian Federation in basis of the judicial acts. Taking into account an association of Supreme and Higher Arbitrage courts of Russian Federation and for uniformity of judicial practice on a scientific discussion a question is put: whether consideration by the court of requirement about the penalty of legal expenses generates additional right on the compensation of legal expenses.