CONSTITUTIONAL AND LEGAL FOUNDATIONS FOR THE ADMISSIBILITY OF MAKING THE AMOUNT OF REMUNERATION FOR LEGAL SERVICES DEPENDENT ON A FUTURE COURT DECISION (“SUCCESS FEE”, “QUOTA LITIS”)

The article is devoted to the study of the legal position of the Constitutional Court of the Russian Federation, formulated by it in Resolution No. 1-P of January 23, 2007 on the issue of the admissibility of establishing a dependence of the amount of remuneration for legal services on a court decision that will be made in the future. The author proves that the pricing mechanism in the market of professional legal services should be based on the methodology of private law regulation based on freedom of contract and the right of its participants to independently determine the terms of the agreement, unless otherwise provided by law. The limited (in contrast to the Anglo-Saxon legal tradition), “pointed resolution” of the institution of “success fee” (dependence of the amount of remuneration on a court decision that will be made in the future) seems positive, especially considering the additional opportunity, thus, for social protection of low-income citizens.