Standards of Evidence in Separate Bankruptcy Disputes

Over the past decade, the arbitration courts of the Russian Federation have begun to actively extrapolate Anglo-Saxon “standards of evidence” into their practice, implying a criterion for the sufficiency of evidence under them. In this paper, the author analize the standard of proof in the Russian Federation by the example of its application in isolated disputes in bankruptcy cases. The novelty of the work lies in the fact that this work is the first comprehensive study of the application of evidence standards in separate cases of bankruptcy, not limited to the application of standards of proof in separate cases on the inclusion of creditor claims in the register of creditors' claims of the debtor. The author comes to the conclusion that in bankruptcy cases the application of one or another standard of proof depends on the status of the party of the case and the requirements put forward by him, offers to distinguish between the concepts of “subject of proof” and “standard of proof” at the level of explanations of higher courts. Moreover, it is proposed to recommend that the courts of first instance in the reasoning part of the decisions reflect the standard of evidence applied in the consideration of the dispute and explain the reasons for its choice.