Professor Treushnikov's theory of judicial evidence: Its application in bankruptcy cases

Abstract

The scientific heritage of Professor, Doctor of Law M. K. Treushnikov continues to be relevant for various systems of legal regulation. The sphere of regulation of insolvency (bankruptcy) relations is no exception, reflecting not only the need for clear resolution of legal disputes, but also the tasks related to the effective distribution of the debtor’s property and protection of creditors’ rights. The issues of evidence in such cases are of particular importance, as they determine the fairness and transparency of decisions. This article analyses the main provisions of M. K. Treushnikov’s theory of evidence, their practical implementation in bankruptcy cases and the significance of these approaches for improving the efficiency of court proceedings. The author analyses the adaptation and application of M. K. Treushnikov’s ideas in domestic judicial practice, including the use of presumptions, disclosure of evidence and standards for its evaluation. The article also focuses on procedural tools that allow courts to maintain objectivity and transparency in resolving conflicts between parties. The author emphasises the universality of the approaches proposed by the scholar, noting their importance for legal science in the context of permanent development of insolvency court practice.

References

1. Treushnikov, M.K. (2021). Forensic evidence. Moscow (in Russ.).