The defendant's sisters filed a lawsuit to recover debts under two loan agreements totaling 5.3 million rubles. The funds were transferred to the defendant's wife's account and used to purchase an apartment and a car registered in her name. The wife objected to the lawsuit, citing the lack of funds in the loans.
The Supreme Court of the Russian Federation's position:
1. A borrower's receipt or other document certifying the transfer of a specific sum of money or a specific quantity of items by the lender may be presented as evidence of the loan agreement and its terms (Clause 2, Article 808 of the Civil Code of the Russian Federation).
2. According to the clarifications set forth in Question 10 of the Supreme Court of the Russian Federation Judicial Practice Review No. 3 (2015), approved by the Presidium of the Supreme Court of the Russian Federation on November 25, 2015, in the event of a dispute arising from loan relationships, the creditor bears the burden of proof of the transfer of the loaned asset to the debtor and the establishment of a relationship between the parties governed by Chapter 42 of the Civil Code of the Russian Federation, while the borrower bears the burden of proof of proper performance of the loan repayment obligations or the non-cash nature of the loan.
3. As a general rule, the law does not impose on the lender the obligation to prove the source of funds transferred to the borrower under the loan agreement.
4. When the parties sign a written debt document (loan agreement, receipt) containing a condition for the borrower to receive funds, the burden of proof of the non-cash nature of the loan rests with the borrower.
5. At the same time, the court of first instance ignored the written evidence provided by the creditors to confirm the conclusion of the loan agreements and the transfer of funds under them, as stipulated by Article 808 of the Civil Code of the Russian Federation—the loan agreements themselves, receipts handwritten by the borrower, cash flow statements, the transfer statement, the cash receipt order, and the bank statement.
The Determination of the Supreme Court of the Russian Federation No. 16-KG25-39-K4 of March 17, 2026.
The Supreme Court of the Russian Federation's position:
1. A borrower's receipt or other document certifying the transfer of a specific sum of money or a specific quantity of items by the lender may be presented as evidence of the loan agreement and its terms (Clause 2, Article 808 of the Civil Code of the Russian Federation).
2. According to the clarifications set forth in Question 10 of the Supreme Court of the Russian Federation Judicial Practice Review No. 3 (2015), approved by the Presidium of the Supreme Court of the Russian Federation on November 25, 2015, in the event of a dispute arising from loan relationships, the creditor bears the burden of proof of the transfer of the loaned asset to the debtor and the establishment of a relationship between the parties governed by Chapter 42 of the Civil Code of the Russian Federation, while the borrower bears the burden of proof of proper performance of the loan repayment obligations or the non-cash nature of the loan.
3. As a general rule, the law does not impose on the lender the obligation to prove the source of funds transferred to the borrower under the loan agreement.
4. When the parties sign a written debt document (loan agreement, receipt) containing a condition for the borrower to receive funds, the burden of proof of the non-cash nature of the loan rests with the borrower.
5. At the same time, the court of first instance ignored the written evidence provided by the creditors to confirm the conclusion of the loan agreements and the transfer of funds under them, as stipulated by Article 808 of the Civil Code of the Russian Federation—the loan agreements themselves, receipts handwritten by the borrower, cash flow statements, the transfer statement, the cash receipt order, and the bank statement.
The Determination of the Supreme Court of the Russian Federation No. 16-KG25-39-K4 of March 17, 2026.