Substantiation in the detached disputes

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Purpose: To analyze peculiarities of substantiation in the detached disputes within insolvency (bankruptcy) proceedings in Russian Federation. Methodology: Review of legal constructions in Russian procedural legislation and litigation practice of the highest courts. Application of methods of doctrinal and teleological interpretation of statutes of law. Results: The author highlights a specific substantiation standard in consideration of the detached disputes, intense usage of evidence presumptions, justifies theoretical background for individual approach of courts of law in such cases. Novelty/originality/value: Procedural traits in consideration of the detached disputes are formulated - contrail division of burden of proof and application of specific substantiation standards. The results could be useful both in doctrine of procedural law and law practice including legal one.


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IDR: 140225211

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