Annotation

The article examines some procedural aspects of court considerations of borrowers' claims to invalidate a loan agreement concluded as a result of the illegal actions of third parties. The relevance of this issue is due to the rise in fraudulent cases in the online lending sector. Based on an analysis of judicial practice, the authors summarize the circumstances included in the standard of proof in such cases. To protect the weaker side of a substantive legal relationship, the permissibility of shifting the burden of proof to the defendant is argued. The independence of a civil case decision from the criminal classification of the fraudulent actions and their criminal liability is demonstrated. The specifics of enforcing a court decision invalidating a loan agreement are highlighted.