Denis Frolov, Partner, BMS Law Firm, drew his attention to Section 20 of the Review in which it is specified that if a creditor in bankruptcy proceedings has any justified essential doubts in the nature of a transaction made between the debtor and other creditor in bankruptcy, the latter have to prove the validity of the transaction.

According to Denis Frolov, this is a critical provision for the practice of law, since previously there were issues related to the fact that courts in such cases imposed the burden of proof on the creditor. However, as mentioned in the Review, a creditor in bankruptcy is not a party to the transaction, due to which it simply does not have a possibility to prove that the claims of the other creditor are unjustified. The parties to the transaction, on the contrary, are fully able to produce evidence of its validity, so it is quite logical that the burden of proof must lie with them.