Practice of litigation with Tinkoff Bank. Is Tinkoff Bank suing debtors?

Did Tinkoff Bank sue you or did you decide to sue this bank yourself?

Tinkoff actually sues clients who have committed long delays. But the bank is in no hurry to file a claim, since penalties are established for each day of delay, and it is beneficial for it to increase the amount of overpayment.

The borrower can avoid litigation if he gives timely notice of financial difficulties. When there are truly good reasons, the debt can be restructured.

If you do not take any steps to reach an agreement with Tinkoff Bank, the case will first be transferred to specialists in working with short-term debt(up to 30 days of delay), and then to collectors. If their actions do not produce results, the dispute is resolved by the court.

The period within which a claim will be filed is determined individually and depends on many factors, including whether the person gets in touch and whether he has paid at least one minimum payment.

By law, a claim can be filed as early as the next day of delay, but in practice, litigation usually begins no earlier than a year later.

What to do if Tinkoff Bank sues?

Usually having received pre-trial claim or agenda, people become confused. You can solve the problem in 2 ways:

On one's own.
With the help of a lawyer.

If problems with debt payment arose due to financial difficulties, there may not be money to pay for a lawyer. In this case, you need to independently prepare evidence confirming the deterioration financial situation, For example:

salary certificate;
a copy of the work book confirming the loss of work.

Deterioration in health must be confirmed by certificates from a medical institution.

Important! According to Art. 451 Civil Code the contract can be terminated if a person’s circumstances have changed significantly, for example, he has become disabled or been ill for a long time.

Checks and receipts submitted to the court will confirm that the debtor fulfilled his duties in good faith, but stopped paying for reasons beyond his control.

With appropriate evidence, the amount of debt can be reduced by an amount from 5% to 95%.

Only a psychiatric examination will help to completely relieve oneself of obligations, which will prove that at the time of signing the agreement the borrower did not control his actions (for example, he was under the influence of passion or suffered from an exacerbation of mental illness). It is worth turning to this kind of examination only when there is a real precedent. Manipulations and lies will be detected by doctors, and in addition to the fact that the debt will not decrease, the person’s reputation before the court will be damaged.

Refused from Tinkoff? Card 100 days without interest from Alfa-Bank -

Actions of the debtor upon receipt of a letter from the magistrate

The court order is issued according to a simplified procedure. There is no full hearing of the case and summoning of the parties. According to Art. 126 of the Civil Procedure Code, the judge may issue an order 5 days from the date of receipt of the application.

It is important to know! The order can be contested within 10 days. Otherwise the document will be sent bailiffs for execution. By legal force the order is equivalent to a writ of execution.

Bailiffs can seize property or make deductions from wages.

Necessary actions upon receipt of an order:

keep the envelope to confirm the date of receipt of the document;
urgently appeal the order.

In the event of a dispute with Tinkoff, objections are submitted to the magistrate who issued the order. If the court is located in another city, objections can be sent by mail. You can view addresses using the State Automated Information System “Justice” service.

If the bank has submitted statement of claim to court, be sure to take part in the dispute resolution process. The failure of the defendant to appear negatively affects his position in the conflict, his characterization, and, ultimately, affects the decision in the case. Prepare thoroughly for the claim proceedings by reducing the amount of debt to a minimum and preparing the following documents:

loan agreement; receipts, account statements;
certificates of change financial condition(certificate of income, work record book, dismissal order);
extract from the medical history;
proof from the military registration and enlistment office if you were drafted into the army;
children's metrics;
agreement with the university, receipts for tuition fees;
copies of the restructuring proposal, petition to third party banks about refinancing.

If the borrower proves that the delay was “unintentional,” he will have a chance to reduce the debt significantly by getting rid of huge commissions, fines and other imposed payments. You will not be able to provide worthy resistance to the bank without objective reasons; the court satisfies the legal and justified demands of a bona fide counterparty.

Tinkoff Bank is focused on increasing assets, so it tries to negotiate with the client on restructuring and creates “profitable” credit terms.

This bank often cooperates with debt collectors. Such a clause is also included in the draft agreement. However, the demand of time forces Tinkoff Bank to resort to judicial protection legitimate interests.

In addition to the general claim procedure legal proceedings there is a simplified system of judicial influence. Institutions practice collection of debt by court order, which accounts for the majority of debt collection. In this case, the bank submits an application with a minimum of documents attached. The magistrate, without requesting additional materials on the case, makes a decision in absentia. The appeal period is only 10 days.

How can a client file a claim?

If a controversial case cannot be resolved peacefully or if the initiative to litigate comes from the client himself, then you need to act according to the following algorithm:

Collect all certificates and agreements that confirm misconduct Tinkoff Bank.
Apply in person or via registered letter to the court specified in the contract.
In the claim, state all the facts and demands, attach documents, and make an inventory of them.

The claim can be submitted personally to the specialists of the court office or sent by registered mail with notification. The claim should state the subject of the claim, for example, write that the bank violated the terms of the agreement and demands payment larger amount than it should be.

Arbitrage practice

An analysis of judicial practice shows that the bank’s demands on the client for collection credit money mostly legal and justified. Judicial acts in such cases, with rare exceptions, claims against debtors are satisfied. Let's look at a few examples.

Tinkoff filed a claim against gr. Farajova I.V. demanding to collect accounts payable and legal costs. By decision of the court of the Volgograd region dated 02/06/2013, the requirements were satisfied.
Railway district court Rostov-on-Don dated 02/11/2014 considered the claim of Tinkoff Bank against gr. Rogacheva L.A. on repayment of debt under the contract and legal costs. By decision dated February 11, 2014, the bank’s requirements were satisfied.
The creditor filed a claim against gr. Rybakova O.G. demanding payment of the loan. The Gus-Khrustalny City Court of the Vladimir Region satisfied the requirements, including payment of the principal debt, interest, penalties for late payment, and the amount of state duty, by decision dated February 18, 2015.
By decision of September 16, 2015, the Industrial District Court of Orenburg, at the request of Tinkoff Bank JSC to gr. Cheplakova N.V. ordered to collect accounts payable and state duty. According to the counterclaim of Cheplakova N.V. the bank's request to recognize the terms of the agreement as illegal was refused.
The Semiluksky District Court of the Voronezh Region satisfied the claim of Tinkoff Bank against gr. Nikitin D.I. about debt collection and payment of state duty to the court, and a counterclaim for recognition individual provisions loan agreement rejected as invalid (decision dated October 20, 2015).

Keep in mind that unscrupulous clients who received money using forged documents and do not want to pay the creditor risk being prosecuted. Thus, the Kurganinsky District Court of the Krasnodar Territory on 03/07/14 sentenced gr. Markova I.A. to restriction of freedom for fraud when obtaining a loan from Tinkoff Bank.

Borrowers also have the right to sue the bank on various grounds. In this case, there are usually demands to recognize the loan agreement in terms of some of its provisions as illegal and (or) to recover from the bank amounts unlawfully withheld to repay the loan, penalties, and commissions. The likelihood of winning the case in court and its main factors From the point of view of the likelihood of the borrower winning the case in court, it is not so much the fact of who exactly was the initiator of the claim that is important, but the following circumstances:

Goals and objectives that the borrower sets for himself. A win can be viewed in different ways, and it is not always associated with the court’s satisfaction of all the borrower’s demands or, on the contrary, with the refusal to satisfy the bank claim.

Tinkoff Bank sued

forming an evidence base for the court to accept and approve your restructuring plan - establish a deferment or installment plan (the problem is solved by convincing evidence of a difficult financial situation, temporary inability to pay the entire amount at once, and similar circumstances).

Your goal is the court’s refusal to satisfy the bank’s claim for the collection of fees accrued for various reasons on the loan. Just a few years ago, such cases were very common in judicial practice. Today they are rare. But there are good prospects of winning for them, even if the commissions were provided for in the loan agreement.

Banker's blog

Tinkoff Credit Systems» Bank (CJSC). Recognize actions " Tinkoff Credit Systems Bank (CJSC) by limitation remote maintenance, disabling the Internet bank in relation to Sergei Viktorovich Gornostaev is illegal and in violation of consumer rights financial services. Oblige Tinkoff Credit Systems Bank (CJSC) to activate the service Internet banking in relation to Sergei Viktorovich Gornostaev. To recover from Tinkoff Credit Systems Bank (CJSC) the income of the corresponding budget state fee in the amount of 300 rubles.

The defendant has the right to file with the court that made the default decision an application to cancel this court decision within seven days from the date of delivery of a copy of this decision.

How to win a lawsuit with Tinkoff Bank

Thus, the bank’s inclusion in the contract of a condition on the possibility of unilateral changes to the contract contradicts the norms of civil law and infringes established by law consumer rights. According to clause 4.6 of the conditions, the client agrees that the bank is not responsible for failures and refusals in remote servicing associated with disruptions in the operation of communication equipment and/or communication networks, and losses incurred in this regard. This paragraph contradicts Art. 309, 310 Civil Code Russian Federation, according to which obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law and other legal acts, unilateral refusal to fulfill the obligation and unilateral change of its conditions are not allowed.

How to act in case of litigation with Tinkoff Bank
Go all in
Is Tinkoff Bank suing debtors?
Litigation with bank over loan
- How to win a lawsuit against a bank over a loan? What is worth remembering and how to prepare for the process?

How to act in case of litigation with Tinkoff Bank Most often, difficulties arise in relations with borrowers. Some out of ignorance, out of reluctance to understand complex financial matters, in difficult life situations, they evade mandatory loan payments. In this case, the bank can act against the client in court.

How to win a lawsuit with Tinkoff Bank over a credit card

Important

The bank can use the funds available in the account, guaranteeing the client’s right to freely dispose of these funds. According to the rules of Article 849 of the Civil Code of the Russian Federation, the bank is obliged, by order of the client, to issue or transfer the client’s funds from the account no later than the day following the day the bank receives the corresponding payment document, unless other deadlines are provided for by law, banking rules issued in accordance with it or agreement bank account. Article 858 of the Civil Code of the Russian Federation provides that the restriction of the client’s rights to dispose in cash, located on the account, is not allowed, with the exception of the seizure of funds located on the account, or the suspension of operations on the account in cases provided for by law.

Based on the above, the provisions of paragraph.
This story made Dmitry famous throughout the country, and Oleg Tinkov in his microblog called the cunning Voronezh resident a fraudster and promised to imprison him for four years. “We gave Tinkov time to apologize, but none came.” Therefore, we filed a claim at the legal address of TKS in the Khoroshevsky Court of Moscow,” said Alexander Kolbasin, an employee of the legal agency representing the interests of Dmitry Agarkov. During the trial, the plaintiff left Russia, just in case. Lawyers do not exclude the option of filing a statement with the police to initiate a criminal libel case against Tinkov.

How to win a lawsuit with Tinkoff Bank

Attention

Tinkoff Bank suing debtors You will not be able to provide worthy resistance to the bank without objective reasons for this; the court satisfies the legal and justified demands of a bona fide counterparty. How to win a lawsuit with Tinkoff Bank practice) You open the envelope and see this Tinkoff Bank is focused on increasing assets, so it tries to agree with the client on restructuring, creates “favorable” credit conditions. This bank often cooperates with debt collectors. Litigation with the bank over a loan It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options: Considering that plaintiffs are often interested in winning a lawsuit with banks over a loan, rather than delaying the process, the defendant can count on a reduction in demands and the possibility of receiving installment plans or writing off part of the debt.

How to win a lawsuit with Tinkoff Bank practice

Tinkoff Bank is suing my husband for not paying interest within 3 months, on October 19 there will be a trial in Moscow, it’s far from us, they said that you can finish reading the answers (1) Topic: Can I sue Tinkoff Bank Tinkoff Bank filed in the city court, the court, without much delving into it, took the side of the bank and ordered me to pay the debt, I don’t agree with this amount, I feel like I didn’t pay at all, how can I protect myself? read answers (1) Subject: Payment failed I took it tinkoff card for 110 thousand, I paid regularly, but about a year ago, a couple of months ago there was a delay due to unforeseen expenses, money at home to combine the answers (1) Topic: The bank sued me In 2010, at the insistence of the Bank, Tinkof took credit card, always paid on time, for the last year and a half I haven’t used the card at all, but at the same time I paid monthly fees in the amount of 6,000 thousand. read answers (1) Topic: Deferment of execution of a court decisionIn 2015
I took a card from Tinkoff Bank in the amount of 10,000. I paid several times, then I stopped paying because wage began to amount to 5000. read answers (1) Topic: Credit card I took out a credit card in the amount of 30,000 rubles in 2011, then the bank added up to 45,000, even later up to 92,000 rubles, but I paid them 216,000 rubles, now they have filed a lawsuit, I owe them .read answers (1) Topic: Court with the bank for a loan Tinkoff Bank sued my husband, and the bailiffs fined the account in Sberbank, BUT there was no subpoena and the court passed without him read answers (4) Topic: How to file to court for tinkoff bank How to sue Tinkoff Bank? It turned out that I am not able to pay... from 18 thousand...
Topic: The bank sued Tinkoff bank sued me in absentia. read answers (7) Topic: Sue Tinkoff bank wants to sue me. read answers (4) Topic: They made decisions without me Tinkoff bank sued me and it looks like the court made a decision without me. read answers (3) Topic: Get court order Tinkoff Bank sued me, yesterday I received a court order, what should I do, how can I cancel it? read answers (3) Topic: Non-payment on a credit card Tinkoff Bank sued me for non-payment on a credit card. According to the statement they sent, the amount withdrawn by me is 222,000 read answers (4) Subject: Minor childI took a credit card in Tinkoff Bank. I paid it off and asked to close the card. A year later they call me that I have a debt of 3000 rubles read answers (4) Hello.
Tinkoff Bank filed a lawsuit, a registered letter arrived from the magistrate.

What can warm you up on a Saturday evening besides strong drinks?

A good story of the triumph of good over evil.

Below is the story of the lost court case by Tinkoff Bank, the decision of which came into force on December 15, 2015, i.e. there will be no more appeals.

This is not about the sensational story with investors, but about turning off the remote banking services…

A few words about my experience

A year ago then Tinkoff Credit Systems They put a pig under my Christmas tree exactly on December 31st: they blocked the debit card of my wife and two brothers.

Remote banking services (Internet banking) have been blocked. It stuck, as I read in the then, 400k.

The bank offered (did you eat fish soup?) to fly to Moscow (from Krasnoyarsk!) and receive cash in the only office throughout Russia.

I still withdrew the money after complaints using a free interbank service upon written application, but the bank, firstly, strictly forbade contacting me with any questions. hotline, they say, all issues are resolved only through a personal visit to the bank’s office, and, secondly, the hands of the Security Council reached out to Corn with credit limit from TKS, to Yandex-money card (issuer - TKS), even to electronic wallet“Tinkoff Mobile Wallet”.

according to the decision Tinkoff vessels the bank is obliged to make changes to the Terms of Comprehensive Services. To date, the bank has not complied with the court decision, has not connected the Internet bank, limiting my remote servicing.

He did not make changes to the Criminal Code; illegal clauses of the Criminal Code continue to be in force. In such circumstances, the court decision will be sent to the bailiffs for enforcement.

From significant comments from banki.ru:

To submit an application for appeal – one month from the date of production of the final decision (+ 5 days). A month has passed a long time ago. So the bank’s wishes for his appeal are just wishes.

Since the default judgment was not canceled, it means that the court found the bank’s arguments about its cancellation ridiculous. […]
The bank missed the deadline for an appeal - it was August 18 + 7 days + 1 month - i.e. The bank could file an appeal against the decision no later than September 25, 2015.
And the bank will not be able to restore the missed deadline accurately, i.e. he received the decision and saw it, which is also confirmed by filing an application for its cancellation. […]
In this case, the bank agreement is considered void, because it was proven in court that it does not comply with either the Law of the Russian Federation or the legislation of the Russian Federation =) And with its behavior (regarding failure to comply with a court decision), the bank disgraces itself =)

Below is the text for your attention court decision(minus one page). three photos.

Judgment

Absentee decision
In the name of the Russian Federation
August 11, 2015

Dzerzhinsky District Court of Perm, consisting of: presiding judge M.A. Meledina, with secretary E.S. Burdina,

having considered in open court a civil case on the claim of Sergei Viktorovich Gornostaev against Tinkoff Bank JSC for the protection of consumer rights,

installed:

The plaintiff filed a lawsuit to recognize the actions of Tinkoff Bank JSC to limit remote services, disable the Internet bank as illegal and violating the rights of the consumer of financial services, to oblige the defendant to connect the Internet banking service, to recognize as illegal and violating the rights of the consumer of financial services clauses 4.5, 4.6 , 4.7 Terms of comprehensive banking services of Tinkoff Bank JSC.

The stated requirements are motivated by the fact that on April 13, 2015, a universal agreement was concluded between the plaintiff and AOTinkoff Bank, components which are: application form, banking service conditions, tariffs.

Within the framework of the universal agreement, agreement No. 5009368753 settlement was concluded debit card, card account No. 40817810100000645913 was opened, as of April 14, 2015, the amount of funds on the card account is 43,379.95 rubles. 04/14/2015 at unilaterally JSC Tinkoff Bank has suspended remote servicing under a public universal agreement, the Internet bank has been disabled, electronic payment services in the Internet bank have been limited, the receipt of information, the submission of orders, and the opening of deposits under a universal agreement in the Internet bank have been limited.

The defendant invited the plaintiff to submit orders for a card account, a deposit agreement, a universal agreement with a visit to the bank’s office in Moscow. The bank motivated these actions by the fact that the plaintiff assessed the quality of the services provided by the bank extremely low, leaving reviews on the bank’s website, ordering certificates confirming the conclusion of agreements by the bank for each agreement.

These actions of Tinkoff Bank JSC are illegal and violate the rights of the consumer of financial services under a public contract. The bank has a single bank office in Moscow, all banking activities carried out remotely, via the Internet; the bank does not have offices in Perm. In addition, the plaintiff believes that the provisions of clauses 4.5, 4.6, 4.7 of the Terms of Comprehensive Banking Services of JSC Tinkoff Bank violate consumer rights and contradict current legislation.

The plaintiff did not appear at the court hearing, submitted a statement with a request to consider the case without his participation, and insists on the claims.

The defendant's representative did not appear at the court hearing, was duly notified of the date of the court hearing, which is confirmed by information about the delivery of the postal item, did not present any objections to the stated demands, and did not ask to postpone the hearing.

Thus, the court recognizes the reason for the defendant’s failure to appear as disrespectful, and considers it possible to consider the case at this appearance, in the absence of the defendant, in absentia proceedings.

According to Part 1 of Art. 452 of the Civil Code of the Russian Federation, an agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, contract or customs.

From the analysis of legal norms it follows that the Civil Code of the Russian Federation, the Law of the Russian Federation “On the Protection of Consumer Rights” and others federal laws do not provide for the right of the bank to unilaterally change the terms of the agreement concluded with citizens - consumers.

The provisions of clause 4.5 of the conditions for comprehensive banking services at Tinkoff Credit Systems Bank (CJSC) actually give the bank the right to unilaterally change the terms of the agreement, thereby the bank deprives the consumer of the opportunity to receive information about the service in the manner provided for in Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Thus, the bank’s inclusion in the contract of a condition on the possibility of unilateral changes to the contract contradicts the norms of civil law and infringes on the consumer’s rights established by law.

According to clause 4.6 of the conditions, the client agrees that the bank is not responsible for failures and refusals in remote servicing associated with disruptions in the operation of communication equipment and/or communication networks, and losses incurred in this regard.

This paragraph contradicts Art. 309, 310 of the Civil Code of the Russian Federation, according to which obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law and other legal acts, unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed.

By including this clause in the terms of comprehensive banking services at Tinkoff Credit Systems Bank (CJSC), the bank refuses to properly fulfill its obligations under the agreement, which also infringes on the consumer’s rights established by law.

Clause 4.7 of the conditions stipulates that the bank has the right to refuse to accept orders from a client through remote servicing to carry out transactions on a card account or deposit account. In such cases, the bank accepts only duly executed settlement documents on paper.

In accordance with Article 845 of the Civil Code of the Russian Federation, under a bank account agreement, the bank undertakes to accept and credit funds received to the account opened for the client (account owner), carry out the client’s orders for transfer and withdrawal corresponding amounts from the account and carrying out other operations on the account. The bank can use the funds available in the account, guaranteeing the client’s right to freely dispose of these funds.

According to the rules of Article 849 of the Civil Code of the Russian Federation, the bank is obliged, by order of the client, to issue or transfer the client’s funds from the account no later than the day following the day the bank receives the corresponding payment document, unless other deadlines are provided for by law, banking rules issued in accordance with it or bank account agreement.

Article 858 of the Civil Code of the Russian Federation stipulates that restrictions on the client’s rights to dispose of funds in the account are not allowed, with the exception of seizing funds in the account or suspending operations on the account in cases provided for by law.

Based on the above, the provisions of clause 4.7 of the conditions for comprehensive banking services at Tinkoff Credit Systems Bank (CJSC) contradict the norms of current legislation, since refusal to a client to accept orders through remote servicing to conduct transactions on a card account or deposit account is a restriction of the client’s rights to disposal of funds in the account, which is not allowed by virtue of Art. 858 of the Civil Code of the Russian Federation.

Thus, the plaintiff, by virtue of Art. 56 of the Civil Procedure Code of the Russian Federation provided sufficient evidence to support the stated requirements, in connection with which, the requirements of Gornostaev S.V. recognition as illegal and violating the rights of consumers of financial services, clauses 4.5, 4.6, 4.7 of the Terms of Comprehensive Banking Services of JSC Tinkoff Bank are justified and subject to satisfaction.

Due to the fact that clauses 4.5, 4.6, 4.7 of the Terms of Comprehensive Banking Services of JSC Tinkoff Bank contradict the current legislation and were declared invalid by the court, the plaintiff’s demands to recognize the actions of JSC Tinkoff Bank to limit remote services, disable the Internet bank as illegal and in violation of consumer rights financial services, as well as the obligation of Tinkoff Bank JSC to connect the Internet banking service are subject to satisfaction.

In accordance with Part 1 of Article 103 of the Civil Procedure Code of the Russian Federation, a state fee is subject to recovery from the defendant, from which the plaintiff was exempted when filing this claim, in the amount of 300 rubles.

Guided by Art. 194-198, 233 of the Civil Procedure Code of the Russian Federation

Claims of Sergei Viktorovich Gornostaev to satisfy.

Declare illegal and violative of consumer rights financial services clauses 4.5, 4.6, 4.7 of the conditions for comprehensive banking services at Tinkoff Credit Systems Bank (CJSC).

Recognize the actions of Tinkoff Credit Systems Bank (CJSC) to limit remote servicing and disable Internet banking in relation to Sergei Viktorovich Gornostaev illegal and promoting the rights of consumers of financial services.

Oblige Tinkoff Credit Systems Bank (CJSC) to connect the Internet banking service in relation to Sergei Viktorovich Gornostaev.

Collect from Tinkoff Credit Systems Bank (CJSC) to the income of the corresponding budget a state duty of 300 rubles.

The defendant has the right to file with the court that made the default decision an application to cancel this court decision within seven days from the date of delivery of a copy of this decision.

A court decision in absentia may also be appealed by the parties on appeal within a month after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed, within a month from the date of the court’s decision to refuse this application. .

Judge – M.A. Meledina

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.