Tariff for reward and compensation for work of lawyers
GENERAL PROVISIONS
Article 1
With this tariff is determined the amount of the award and the cost of the given legal assistance.
The lawyer and client are free to agree on the award and expenses as well as the manner and means of payment, but not lower than those provided by the Tariff.
Article 2
Payment of remuneration and costs are paid in cash and is calculated in EUR.
Article 3
In cases where one of the parties is a foreign individual or legal entity in cases where there are articles in a foreign language, or contact a foreign language, the prize is doubled.
Article 4
If during the procedure to modify the charges once or several times, will be applied tariff in force on the date of the judgment or decision-making. From that day until the day of payment of the amount of the prize and lawyer costs are calculated legal interest.
Unpaid prize and costs the client always pays the lawyer in tariff in force on the date of payment.
Article 5
For part of the award and expenses, the party can give an advance to a lawyer.
If the client cancels the power of attorney to the lawyer, is obliged to pay for an action that should be taken.
Article 6
The party, which by law can be exempt from costs of proceedings (poor law), the lawyer is obliged to provide free legal aid.
COMPENSATION OF COSTS
Article 7
To carry out legal aid, the party is obliged to reimburse the following costs to the lawyer:
1. For transportation, up to the cost of travel ticket for the vehicle he used a lawyer, and to use their own vehicle will reimburse 30% of the most expensive petrol for every kilometer.
2. Per one night, up to the cost of one night.
3. For one day salary will be paid a common one day salary or by contract.
4. For absence from the office, shall be reimbursed expenses for each start time 20% of the award for the actions of traveling, but not more than 7 hours a day.
AWARD GIVEN FOR LEGAL AID
Article 8
I. Award for writing written compositions (submissions)
1. Writing submissions which initiated proceedings, reasoned submissions, objections, responses and statements of last will, a proposal for a prize is determined by the amount of the request in the petition according to the prescribed disciplinary or other measures and according to the prescribed punishment.
- For filings with the request:
- to 10.000,00 denars is ……………………………………………………..1.000,00 denars.
- from 10,001.00 to 50,000.00 denars award is ……………………………..3.000,00 denars.
- from 50,001.00 denars to 100.000,00 denars award is ……………………..4.000,00 denars.
- from 100,001.00 denars to 300.000,00 denars or prescribed disciplinary action, fines or imprisonment up to 1 year, the award is …………………………………………………….. 5.000,00 denars.
- from 300,001.00 denars to 600.000,00 denars or imprisonment up to three years the award is ………………………………………………………6.000,00 denars.
- from 600,001.00 MKD to 1.000.000,00 denars or imprisonment of up to five-year award is ………………………………………………………7000.00 denars.
- from 1,000,001.00 MKD to 2.500.000,00 denars or imprisonment up to ten years the prize is ………………………………………………………9000.00 denars.
- from 2,500,001.00 to 5,000,000.00 denars or imprisonment up to fifteen years and in police procedure award is ……………………………………………………12.000,00 denars.
- Over 5,000,001 denars imprisonment of more than fifteen years or life imprisonment is awarded ……………………………………………18.000,00 denars.
The amount for composition of contracts by lawyers is estimated without the additional lump sum of 30% for the above mentioned.
- For confirmation of the contracts according to article 55 of the Law for notary service (2016) for which is needed signature and attorney stamp only, the price is determined by the value of the contract, and also for the composition in writing of preliminary contracts and contracts, the prize is determined by the value of the contract.
| Value in denars below | Value in denars to amount |
Prize for composition and validation |
| below | 3.000.000,00 | 3.900,00 |
| 3.000.001,00 | 5.000.000,00 | 5.000,00 |
| 5.000.001,00 | 9.000.000,00 | 6.000,00 |
| 9.000.001,00 | 20.000.000,00 | 10.000,00 |
| 20.000.001,00 | 60.000.000,00 | 15.000,00 |
| 60.000.001,00 | above | 30.000,00 |
In composing preliminary contracts and contracts, paragraph 5 point 1 of article 8 is not applied.
In agreements composed by an attorney for their clients for foreign business work, that are above 6.000.000,00 denars, the prize for the attorney is 1% of the value of the contract.
4. Award for an application for a payment order notary, and notarial objection against payment order in proposals worth over 10,001.00 denars, is 70% of the foreseen in section 2.
5. For submissions which initiates proceedings before the Constitutional Court for status and housing disputes, disputes and procedures for the protection of copyrights, patents and licenses, industrial property, the prize is maximum as in point 2.
6. Representation and defense before the courts, the Public Prosecutor, notaries, bailiffs, centers for social work, employer, police, inspection and other authorities, as well as taking actions item 2 of this paragraph which are carried out in several days, whether maintained, extended or delayed, as well as hearing Announcing the decision, each day shall be considered a new representation, or a new defense.
In probate proceedings before a notary public by law provided for mandatory participation of a lawyer, award costs to the appropriate legal action to lawyers involved in the legal action, regardless of their number is 50% of the award and expenses of notary.
- Labor disputes and non-litigation procedures award is 7000.00 denars.
8. In proceedings for divorce and other disputes of family relations, the award is 7000.00 denars.
9. For composition and writing of normative acts, the prize is agreed in a written contract.
10. In his submissions that despite major requirement is proposed interim measure or proposal for securing evidence, the prize increases by 20%.
11. In his submissions that there is a lawsuit and counterclaim, the award is determined by the sum of the two requirements.
12. In the submission in which more participants, the prize increases by 50% for each subsequent person, and for each subsequent person from the opposite side at 25% but not more than five times the intended award of Article 8 of the Tariff.
13. For unexplained filings, statements, requests, authorization statements where third parties give power of authority, and the power of attorney to the lawyer who is authorized to represent and take actions on behalf of giver of authorization in all proceedings, other authorizations and expense-lists and similar filings, the award is as the lowest of a prize in point 1.
14. For submissions that are defended more persons, the award of point eight increases by 50% for each subsequent person, if defendants each next person 25% but not more than five times the intended award of Article 8 of the Tariff.
15. Drafting legal opinions, analyzes and participating in meetings to give oral legal opinions, the award is 9000.00 per hour.
16. For part of the application before the Court, the award is 60.000,00 denars, and for each subsequent submission of communication with the court award amounts to 15.000,00 denars.
17. In proceedings before international arbitration and international courts, in cases worth up to 5,000,000.00 euros, the award is 20.000,00 denars for each initiated hour.
- In disputes of 5,000,001.00 euros to 10,000,000.00 euros, the award is 30.000,00 denars for each initiated hour.
- Over 10,000,001.00 euros prize is 40,000.00 denars for each initiated hour and in international criminal courts award is 40.000,00 denars for each initiated hour.
- For the preparation of acts for proceedings before the Central Registry of RM:
- Changing email address, reporting work time and declarations of liquidation, the prize is 1.000,00 denars.
- For status change award is 3.000,00 denars. If doing more statutory changes, the reward increases 50% for each subsequent change.
- Establishing commercial companies and other legal entities, the award is 9.000.00 denars.
II. Free Legal Help
- Legal Procedure
For composition of explained written submissions, За состав на образложени поднесоци, lawsuits and complaints, as well as for attending hearings, inspections and expertise, the reward is 70% of the one provided in item 2.
2. Administrative Procedure
For the composition of the request and appeal before the competent body, the reward is a total of 6,000.00 denars.
3. Administrative disputes For the composition of reasoned submissions, lawsuits, complaints, as well as for attending hearings, inspections and expertise, the reward is 7,000.00 denars.
4. When legal aid is provided to children in proceedings before the Center for Social Work and the Ministry of Interior in accordance with the provisions of the Law on Justice for Children, the reward is 4,000.00 denars.
III. Award for defense and representation
1. For representation and defense, the reward is like the composition of the relevant written file and hourly pay of 20% for each commenced hour.
2. Defense customer in prior litigation, visiting client arrested, presence of expertise, to inspect the site and similar activities, the award is as under point one of the Tariff.
3. representation and defense as well as taking action under item 2 of this paragraph which are carried out in several days, whether it be maintained, extended or delayed, start of every new day is considered a new representation, or a new defense.
IV. Prize for composition of a legal remedy
For the composition of the regular and extraordinary legal remedies in response to regular and extraordinary legal remedies, the reward is 50% greater than the reward for representation and defense, and if the lawyer did not participate in the hearings, the award is 100% increased.
V. Award for legal advice
1. For verbal legal advice, the award is 20% of the corresponding prize for writing and composition and hourly pay of 20% for each commence
2. For written advice prize is 50% of the corresponding prize for writing and composition and hourly pay of 20% for each commenced hour.
VI. Common provisions
1. The prize provided by the provisions of this Tariff increases by 30% named a lump sum for all ancillary activities which are charged.
2. To determine the validity and enforce-ability award is 10% of the predicted for appropriate action in this Tariff.
3. All actions envisaged by this tariff will be charged according to the most similar action of this tariff.
4. The prize provided by the Tariff for all activities undertaken by lawyers, VAT taxpayers shall be calculated and charged plus VAT.
5. The status of VAT payer, lawyer proves with an equivalent document issued by a competent authority.
SPECIAL PROVISIONS
Article 9
Interpretation and current comply with this tariff with the rise in the cost of living Executive Board of the Bar Association of the Republic of North Macedonia.
Article 10
The revised text of the Tariff of reward and compensation of costs of legal work includes: Tariff for awards and compensation costs for the work of lawyers (Official Gazette no. 23/93), Decision (Official Gazette no. 4 / 94) decision to amend the Tariff Law (Official Gazette no. 80/02), Decision on amendments to the Tariff of rewards and remuneration for work of lawyers (Official Gazette no. 14/05), Decision on amend the Tariff of rewards and compensation costs for the work of lawyers (Official Gazette no.147 / 09) Resolution on amendment to the Tariff of rewards and compensation costs for the work of lawyers (Official Gazette No. .164 / 10) Resolution on amendment to the Tariff of rewards and compensation costs for the work of lawyers (Official Gazette no.35 / 11) Decision on amending the Tariff of rewards and compensation costs for work lawyers (Official Gazette No.100 / 11) Decision of the Constitutional Court of the Republic U.no.171 / 2011 (Official Gazette no.51 / 2012), the decision to amend the Tariff of rewards and compensation of expenses for activities of lawyers (Official Gazette no. 122/2016), the Decision to amend the Tariff of rewards and compensation of expenses for activities of lawyers (Official Gazette no. 11/2017), and the Decision to amend the Tariff of rewards and compensation of expenses for activities of lawyers as well as the clean text of the Tariff (Official Gazette no. 13/2017), which marked the time of their entry into force.