Page 52 - Ekonomija i Biznis_septemvri 2016.indd

РRУEБGРUИLКAАTIONS
Nikola Glavince
The author is a lawyer
ABOUT THE AMENDMENTS
OF THE ATTORNEY’S FEE
Since July 1 a Decision entered into
force for Amendment of the Tariff
for a Fee and Remuneration of the
Working Costs of the Attorneys,
which is published in the Official
Gazette of the Republic of Macedonia no.
122/16. This decision was followed by the Pub-
lication of the consolidated text of the tariff
in the Official Gazette no. 126/16 by the Bar
Association of the Republic of Macedonia.
The changes and amendments of the Tar-
iff, apart from bringing precision in terms of
specific attorney services which were not ex-
plicitly defined with the previous text of the
tariff, in their content they also have some
explanations which have their importance
for the business sector as well.
Furthermore, same as previously, the Tar-
iff’s text is structured into four items. In the for procedures for protection of copyright,
first part of the social provisions, the most
important is the decision pursuant to which
the attorney and the party can freely agree
the fee and the costs, as well as the manner
and means of payment, however not less
than the ones stipulated with the Tariff, and
that for the cases where one of the parties
is a foreign natural person or a legal entity,
where there are attachments in another lan-
guage or contact is established in another
language, the fee is double.
The changes and the amendments of
the Tariff are in the third part, in Article 8,
where amounts for several legal entities are
specified, and for the first time in this cate-
gory, the amount of the fee is categorized for
the purpose of preparation of agreements
depending on their value.
For representation before the court of law,
these amounts are additionally increased by
52 September 2016
20% for each started hour from the award
for the appropriate action.
What is particularly important for the
legal entities is reduction of the indicated
amounts in the part of award for proposal
on issuance of a notarial payment order, as
well as complaint against a notarial payment
order. In accordance with the amendments,
for proposals with a value of more than
10,001.00 denars, it has been determined
for the award to be an amount of 70% of the
amounts indicated above.
As so far, collection according to the high-
est amount specified in article 8 of the at-
torney’s tariffs has been stipulated for the
submissions wherewith a procedure is con-
ducted before a Constitutional Court, for
status and housing disputes, for disputes and
for patents and licenses, for industrial prop-
erty.
For labour disputes and non-contentious
proceedings, the award is an amount of
7.000,00 denars, as well as for a proceeding
for dissolution of marriage and other dis-
putes from family relations.
In a probate proceeding before a notary
public where the law stipulates compulsory
participation of an attorney, the fee and the
costs for the appropriate legal action for the
attorneys who participate in this legal action
regardless of their number, is 50% of the fee
and the costs of the notary public.
This part specifies the determination
of the tariff for specific attorney activities
which have not been indicated in detail so
far. Hence, for preparation of legal opinions,
analyses and participation in meetings when
oral legal opinions are given, the award is an