In accordance with Part 1 of Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify the employee in writing about components wages due to him for the corresponding period, the amount and grounds for deductions made, as well as the total monetary amount to be paid. The form of the pay slip, which must reflect the listed information, must be approved by the employer, taking into account the opinion of the representative body of employees. Failure by the employer to comply with the rule on approving the form of the pay slip allows the representative body of employees, directly to the employees, to declare to the authorized government agencies requirements for approval of the form of the pay slip or for changing its content by including in it the information listed in the legislation. The employer’s failure to comply with the requirements to provide the employee with a pay slip in the form approved by the organization allows us to conclude that the employee could only learn about the violation of his rights in the field of remuneration after he became familiar with the components of the salary in the prescribed form, that is, after he was given a written document on the components of his salary. For example, an employee may learn that he has not been paid an increased amount overtime work only after receiving a document on the composition of wages. In this connection, the period for applying for protection of a violated right in the field of remuneration must be calculated from the moment the employee is given a document on the composition of his salary. This document in Part 2 of Art. 136 of the Labor Code of the Russian Federation is called a payslip. However, other written documents drawn up by authorized representatives of the employer, which reflect information about the components of the employee’s earnings, can also serve as evidence of the employee’s familiarization with the components of earnings. The absence of such documents from the employer, as well as information about their delivery to the employee, deprives the employer of the opportunity to prove that the employee missed the deadline for applying for judicial protection of rights to wages, since the specified period begins to run from the moment when the employee learned or could have learned about the violation of his right . This moment in the legislation is due to the delivery to the employee of a written document by authorized representatives of the employer, which reflects information about the composition of earnings.

In accordance with Part 3 of Art. 136 of the Labor Code of the Russian Federation, wages are paid to the employee, as a rule, at the place where he performs the work or is transferred to the bank account specified by the employee under the conditions stipulated by the collective or labor agreement. The obligation to pay wages to an employee lies with the employer, who is obliged to provide each employee with the opportunity to receive wages. When paying an employee at the place where he performs his labor function, he must be given time to receive his wages. This time should be included in working time, since the employee should not spend rest time at his own discretion due to the need to receive wages during the period that is included during rest. The employer is obliged to determine the procedure for receiving wages so that the employee does not waste time on rest to receive wages due to improper execution the employer of the specified duty. The time spent by the employee to receive wages must be paid by the employer, based on the employee’s average earnings, since this time was spent by the employee through the fault of the employer, who was unable to properly organize the process of issuing wages to employees. Organization this process may include defining specific days and times for employees to receive wages structural divisions organizations. Setting different deadlines for employees of structural divisions to receive wages allows them to avoid wasting working time.

Salaries can be transferred to the employee’s current account if the following legally significant circumstances are proven. Firstly, the presence of the employee’s voluntary expression of will, confirmed by his written application, to transfer wages to a bank account. Secondly, it must be proven that there is a provision in the collective or employment agreement regarding the possibility of transferring employees’ wages to their bank account. The lack of proof of each of these circumstances makes it possible to recognize the employer’s decision to transfer wages to the employee’s account as illegal and (or) unfounded. Moreover, the absence of a written statement from the employee, which expresses his will to transfer wages to his bank account, in the event of a dispute, deprives the employer of the right to refer to witness testimony to confirm this expression of will. Recognition of an employer's decision to transfer funds to an employee's account as illegal and (or) unfounded may become the basis for holding him accountable for delayed wages.

In accordance with Part 4 of Art. 136 of the Labor Code of the Russian Federation, the place and timing of payment of wages in non-monetary form must be determined in a collective or labor agreement. Payment of wages in non-monetary form must be made at least every half month in compliance with the rules established for the payment of wages in cash. The employer is also obliged to provide each employee with the opportunity to receive wages in non-monetary form, that is, to allocate exact time for issuing wages to the employee.

In accordance with Part 5 of Art. 136 of the Labor Code of the Russian Federation, wages are paid directly to the employee. Moreover, the fact of payment to the employee of wages can be confirmed exclusively by written evidence. The absence of written evidence from the employer confirming the payment of wages to a specific employee in the event of a dispute deprives the employer's representatives of the right to refer to witness testimony to confirm the payment of wages to the employee. As already noted, wages, if the circumstances considered are proven, can be transferred to the employee’s account. When issuing court decision upon recognition of an employee as having limited legal capacity, his representatives will receive wages for him in compliance with established rules on the payment of wages, including the timing of payment of wages.

In accordance with Part 6 of Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least every half month on the days established by the rules of internal labor regulations organization, collective agreement, employment contract. The employer is obliged to determine the timing of payment of wages in the internal labor regulations or by concluding a collective or employment contract. Failure by the employer to fulfill this obligation does not constitute grounds for his release from liability for delayed wages. In this case, the employee has the right to receive wages after the first 15 calendar days work every month. This right corresponds to the employer’s obligation to pay the employee wages after half of each month, that is, after 15 calendar days. Failure to fulfill this obligation allows the employee to demand that the employer be held liable for delayed wages. If the day of payment of wages coincides with a day off or a non-working holiday, the employer is obliged to pay employees on the eve of this day. Failure to fulfill this obligation is also a violation of the terms of payment of wages, which may become the basis for bringing the employer to liability measures established by law.

In accordance with Part 7 of Art. 136 of the Labor Code of the Russian Federation for certain categories of workers, federal law may establish other terms for payment of wages. Establishing more frequent deadlines for payment of wages, in particular weekly, improves the position of the employee compared to the law. Therefore, the condition for more frequent payment of wages may become legal both in the content of the federal law, and in the content of labor contracts, and in the content of local acts of the organization. The right to receive wages follows from Art. 37 of the Constitution of the Russian Federation. In this connection, the establishment of longer terms for remuneration of workers in federal law is a limitation of this constitutional right. For this reason, the establishment of longer terms for payment of wages can occur solely to achieve the goals listed in Part 3 of Art. 55 of the Constitution of the Russian Federation.

In Part 9 of Art. 136 of the Labor Code of the Russian Federation establishes that average earnings for the duration of the vacation is paid no later than three days before its start. Payment of leave after it began means that the employee enjoyed unpaid leave before the average salary was paid. In this connection, he has the right to demand a postponement of the start date of the vacation, at least to the next day after the payment of average earnings. The employee may demand payment of interest during the delay in vacation payment, since in this case the employer does not fulfill the obligation to pay the average salary to the employee within the time limits established by law. However, to restore the violated right, the employee can use one of the indicated methods. Postponement of the start date of vacation due to late payment means that the date established by law for payment of average earnings is changed. After all, paying for vacation before it starts is one of the ways to restore the right to use paid vacation. Therefore, it should be recognized that when the date of vacation is postponed, the employer fulfills the obligation to timely pay the employee average earnings. Payment of average earnings later than three days before its start should be considered a violation of the terms of payment for vacation. Therefore, after using unpaid leave, the employee has the right to demand payment of interest for the employer’s delay in average earnings, since he violated the deadline for paying for the leave. Whereas when it is postponed, the period for payment of average earnings is not violated. In this regard, the employee can use one of the considered methods of restoring the violated right to receive average earnings during vacation.

Textbook " Labor law Russia" Mironov V.I.

• Personnel records management and Labor law

Deadlines for payment of wagesstrictly regulated by labor legislation. Any deviation from legal norms that worsens the employee’s situation is unacceptable, even if it is recorded in the regulations of the employing organization. You can read more about the timing, procedure, place and forms of salary payment in this article.

Procedure, place and terms of payment of wages

In accordance with the Labor Code of Russia, all questions regarding the place of payment of wages, the procedure and timing of its issuance are stipulated in the local documents of the employing company or labor or collective agreement. However, the Labor Code of the Russian Federation contains a number of restrictions that the employer has no right to neglect.

Salary amount

Part 3 of Article 133 of the Labor Code of the Russian Federation prohibits the employer from setting wages below minimum size wages established at the federal level. In Russian regions, this amount may be higher, but in no case less.

Deadlines for payment of wages

The specific day of payment of wages is determined by the internal documents of the organization, but, according to Part 6 of Article 136 of the Labor Code of the Russian Federation, it is paid at least 2 times a month. In this case, it must be issued no later than 15 days from the end of the period for which it was accrued.

Procedure for payment of wages

Delivery method monetary allowance depends on many factors, including the source of funding of the employing organization. Part 3 of Article 136 of the Labor Code of the Russian Federation allows payment both in cash at the enterprise’s cash desk and by transferring money to a bank account through a credit institution.

IMPORTANT! Since 2014, employees have the right to independently choose the bank that holds their salary account. When changing a credit institution, you must notify the employer in writing at least 5 days before the payday, providing all the required details for transferring money.

Calculation of wages and advance payments

The Labor Code does not contain the concept of “advance”: from the point of view of the law, this is part of the salary paid in the 1st half of the month. According to the Decree of the Council of Ministers of the USSR “On the procedure for paying wages to workers for the first half of the month” No. 566 of May 23, 1957, the minimum amount of the advance must correspond tariff rate employee for the actual time worked.

The amount of the advance payment can be changed by decision of the employer or in accordance with local regulations of the enterprise only in the direction of increase.

Important: despite the adoption of Resolution of the Council of Ministers No. 566 a long time ago, this document is still in force and is binding on employees authorized to calculate and pay wages, regardless of the form of ownership and source of financing of the employing enterprise.

An example of calculating the amount of advance payment and salary

Salary amount at the tariff rate: 30,000 rubles.

The deadline for payment of wages is the 16th of the current (for the first half of the month) and the 1st of the next (for the second half) month.

Billing month: 30 calendar, 22 working and 8 weekend days.

Number of days actually worked as of the 16th day of the current month: 11.

30,000 / 22 = 1,363 rubles 64 kopecks (salary for 1 day).

1,363.64 × 11 = 15,000 rubles 4 kopecks (advance amount calculated from 11 days’ earnings).

Personal income tax, in accordance with paragraph 2 of Article 223 of the Tax Code of the Russian Federation, is withheld during the final payment based on the results of the month worked, that is, when paying the 2nd part of the salary. Thus, the amount of cash allowance due for payment on the 1st day of the next month will be:

30,000 (total salary) - 15,000.04 (advance issued on the 16th of the previous month) - 3,900 (personal income tax 13% of 30,000 rubles) = 11,099.96. Thus, the total amount of wages without personal income tax will be 15,000.04 + 11,099.96 = 26,100 rubles 00 kopecks.

Issuing wages with products

Article 131 of the Labor Code of the Russian Federation obliges Russian employers to issue wages to their employees in national currency, that is, in rubles. However, this same rule allows for the possibility of settlements in other forms that are not prohibited by the current legislation of the Russian Federation and international law.

IMPORTANT! The share of non-monetary wages cannot exceed 20% of the amount of monthly earnings accrued.

Payment of part of the salary in products is possible if the latter does not belong to the category of items the circulation of which is prohibited or limited in Russia:

• spirits and other forms of alcohol;
• weapons (including components) and ammunition;
• narcotic, poisonous, harmful and other toxic drugs and substances.

In addition, it is prohibited to pay salaries by fixing debt obligations: in bonds, coupons, promissory notes, etc.

Important: the employer has the right to pay part of the wages in products only if such a possibility is specified in the employment or collective agreement. In addition, appropriate additional agreements may be concluded between employees and the employer. That is, the employee must one way or another express his consent to payment in non-monetary form.

Payment of wages upon dismissal

By virtue of Part 1 of Article 140 of the Labor Code of the Russian Federation, in the event of termination of an employment contract with an employee, the employer is obliged to provide him with a full payment directly on the day of dismissal. If for some reason this is impossible (for example, the employee was absent at that moment), payment of wages (Labor Code of the Russian Federation, Part 1 of Article 140) is made maximum the next day after the employee submits the corresponding demand.

Important: this provision applies not only to the payment of wages, but also to other types of payments due: compensation for unused vacation, year-end bonus, etc.

If there is a dispute about the amount of monetary payments due to a dismissed employee, the undisputed portion of the amount is subject to immediate payment. The fate of the remaining share is decided in court.

IMPORTANT! An unjustified refusal to pay wages to both a dismissed and an existing employee entails bringing the employer to liability - from financial to criminal. Therefore, in such situations, you should immediately contact the labor inspectorate, the prosecutor's office or the court (see: Where to complain about an employer and how to complain correctly?).

Whatever field the enterprise operates in, whatever work its full-time or freelance employees do, first and foremost main question, which they care about - wages and everything that concerns it. Neither working conditions nor availability social guarantees, nor any other factors concern hired personnel as much as the payment of earned money. And here the primary role is played by the financial culture of the enterprise, its honesty and decency in relations with employees, as well as law-abidingness in relations with the state.

How and in what order wages should be paid is established by the Labor Code Russian Federation. 136 of its article precisely regulates the terms of payment of salaries to employees of enterprises and organizations. In particular, it states that salaries should be paid at least twice a month, with a desirable interval of 15 days.

Some time ago, a number of legislators proposed introducing a weekly payment option, but this amendment has not yet received government approval. But, let's start in order.

What documents can be used to establish the procedure and terms for payment of wages?

To establish specific deadlines for salary payments, employers can put into effect several types of documents.

1. Employment contract. As the most common, this type of regulatory document necessarily includes a clause on the procedure and timing of wage payments. Most often, at enterprises it is standard and is concluded individually with each employee either before he begins to perform his duties, or no later than three working days after the employee actually takes office. The only disadvantage of an employment contract in terms of setting wages: if any changes suddenly occur, they will have to be reflected in an additional agreement with each individual employee. And this is unnecessary bureaucracy and paperwork.
2. Collective agreement. Since this type of contract is not mandatory personnel document, it is not always possible or advisable to reflect the financial relationship between the enterprise and employees. This clause can be included in it only in cases of complete and one hundred percent consent of all parties with the appropriate signatures and seals.
3. Another option for corporate regulation of salary payments to employees is specifying their deadlines in the internal labor regulations. Since these Rules must be available to every employer, they can be considered the most optimal and acceptable document in this part of the implementation of the law. In addition, in the event of any changes or additions to wages, it is enough to include them in the Internal Labor Regulations and give them to all interested employees against signature in order to comply with all formalities.

On what days are wages paid to employees?

The state protects and strictly protects the rights of employees, therefore all the subtleties and nuances regarding wages are clearly stated in the Law of the Russian Federation. In particular, despite the fact that no legislative act defines any specific dates of the month for salary payment, the law clearly states that it must be made every month, and at least twice. Bindings to the calendar month in this issue does not exist, and the intervals between payments should not exceed two weeks. Typically, wages consist of two parts: advance and principal payment.

It should be noted that the Law does not decipher such a concept as “advance”, therefore there is no clear percentage There is no salary between these two parts.

It happens that an employee of an enterprise wants to receive a salary once a month, but the law does not give employers the right to pay the salary in a lump sum. In such cases, at the request of the employee, the advance may be, for example, 1/10 of overall size salary, thus maintaining a legal balance between the preferences of the employee and the responsibilities of the organization.

By the way! If the payment of wages falls on a weekend, non-working day or holiday, then it must be made on the eve of this day, otherwise it will be regarded as a violation. In this matter, the Law is also clearly on the side of the employee.

Responsibility

It is extremely unprofitable for employers to delay or evade payment of wages. If the management of an enterprise periodically or systematically violates the deadlines for paying wages, then it bears administrative and sometimes even criminal liability for this.

The fines are very high - they can reach half a million rubles, and in particularly serious cases, such violations can lead management to imprisonment for up to two years and a ban on occupying high positions within the space of.

In addition to the payment of wages, there are a number of mandatory payments that the management of the enterprise must provide to employees in certain cases within strictly defined periods.

• Vacation pay: According to the Law, the employer must pay vacation pay no later than three calendar days before the start of the employee’s vacation. But sometimes employees take urgent leave and then, in order to avoid violations of this part of the law, they should meet their superiors halfway and resort to the following options:
  1. For the first three days, take time off to account for future unused vacation;
  2. For the first three days go to unpaid leave, and after three days, as required by law - on a regular paid basis;
  3. Take a vacation, as required by law, in three days, but go on vacation when necessary, and then leave the vacation three days before its formal end.
• Sick leave. As the Law states, payment of maternity benefits, as well as sick leave must be made no later than 10 working days after it reaches the organization’s accounting department. As a rule, accounting departments try not to violate this rule and sick leave is paid on the nearest day of payment of wages.
• Awards. Not always, but quite often, collective and employment agreements stipulate the terms and procedures for paying bonuses. Since bonuses are voluntary for employers, the law does not provide clear instructions on limiting the timing of these payments. However, if in the contract management undertakes to pay bonuses, but for some reason avoids doing so, employees have the right to go to court to protect their rights.
• Business trips. This type of payment can be made in two ways. If an employee receives daily allowances, they must be paid immediately before the business trip in full for the entire period. If travel allowances are calculated based on average earnings during a business trip, then the traveler receives the money in his first salary after the trip.
• Dismissal. According to the law, an employee who has decided to quit and notified his superiors about this in advance must receive settlement funds on the last day of performance of his work duties. Moreover, this amount should include not only payment for days actually worked, but compensation for unused vacation. If the company from which the employee is leaving provided cash bonuses and incentives, the employer has the right to pay them later. More specific deadlines in this case are not specified by law.

Thus, the timing of payment of wages and other payments to employees is strictly and in sufficient detail stipulated in the Law of the Russian Federation. Violation of these deadlines entails the most serious consequences, including administrative and criminal liability. Therefore, it is very important for enterprises to comply labor discipline and the letter of the law.

The current Russian labor legislation, namely the Labor Code of the Russian Federation, establishes a strict procedure and terms for paying wages to employees. Violation of these standards may result in the employer being held liable, fines and the obligation to pay the employee and additional compensation payments. Therefore, both ordinary employees and the employer himself, as well as HR specialists and accountants of the organization, should know about the deadlines for paying salaries and what the procedure for these actions is in 2018.

The procedure and terms for payment of wages according to the Labor Code of the Russian Federation - legal regulation

Main normative document, due to which the Russian Federation provides legal regulation labor relations is the Labor Code. Among other things, the Labor Code of the Russian Federation regulates the procedure and timing of salary payments. They are enshrined primarily in the provisions of the following articles of the Labor Code of the Russian Federation:

• Article 131. It determines the possible form of salary payment. In particular, it establishes the obligation to pay wages to employees only in the national currency of the Russian Federation or with reference to it, if the payment is made partially in kind in non-monetary form.
• Article 133. Indicates that wages must comply with established minimum wage standards.
• Article 133.1. It assumes the possibility of establishing separate minimum wage standards for workers in various constituent entities of the Russian Federation, provided that regional standards are not lower than federal ones.
• Article 135. Regulates general principles setting the employee’s wages in accordance with the company’s wage system.
• Article 136. Its standards generally consider the procedure, place, and timing of payment of wages by the employer and contain basic standards that both the employee and employees should first be aware of.

In addition, many other provisions Labor Code or other regulations at the federal or regional level may affect issues of payment of wages.

The procedure for paying wages and methods of payment

The salary, as mentioned earlier, should not be lower than the established minimum wage in terms of the standards for working time spent by the employee. That is, in part-time work, and in other situations when the working day is in comparison with the standards established for the profession, type of activity and position, the requirement to comply with the minimum size does not apply. In such cases, it is allowed to pay wages lower than the established minimum wage, in proportion to the time worked or other tariff indicators.

First of all, you should consider the place where salaries are paid. In accordance with the law, wages to employees can be paid either in cash through the accounting department of the enterprise, or through a bank by crediting it to the employee’s bank account. Initially, an organization can install regulations any procedure for payment of wages. However, the change in the procedure for paying wages to non-cash payment under the previously valid in cash in accounting is allowed only with written consent every employee on staff.

To change payment from non-cash to cash, the consent of all employees without exception is not required. In addition, you should also remember that only one form of payment can be established at an enterprise at a time - either cash or non-cash.

It is also allowed to pay wages in the form of enterprise products in an amount not higher than 20% of the established salary due to the employee. However, it cannot be coupons, promissory notes or other receipts, shares of the enterprise and securities. In addition, it is prohibited to pay wages in alcoholic, poisonous, toxic or other products that have a special circulation procedure. The place and procedure for payment of part of the salary must be determined in advance by the terms of the employment contract or additional agreement to him.

Regardless of the procedure for paying wages established at the enterprise, the employer is also obliged to ensure that the following information is communicated to the employee on the day of payment: in writing:

• About all the components that make up the salary accrued to the employee for reporting period.
• About the amounts that are added to wages, including monetary compensation for unpaid wages.
• About deductions made from wages, their grounds, if any.
• About the total amount of money that will be issued to the employee.

A pay slip is most often used to convey information. The form of the sheet is determined by the employer independently. However, he must necessarily agree on this form with the trade union organization representing the interests of the enterprise’s employees. This coordination is carried out in the manner considered by the provisions of Art. 372 Labor Code of the Russian Federation.

The employer has the right to independently choose the bank through which wages will be calculated. However, this does not deprive the employee of the right to disagree with the employer’s decision and demand that he pay wages to a personal account opened in any other bank. The employee must provide this requirement in writing to the employer and the employer has no right to refuse to satisfy it. The period for notifying the employer in this case must be at least five days before the day the salary is calculated - otherwise the employer is obliged to take into account this employee’s requirement only in relation to subsequent payments.

Deadlines for payment of wages according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation, in addition to the procedure for paying wages, also establishes certain deadlines during which it must be paid to the employee. The deadline is no more than 15 days from the last episode of salary payment in order to comply with the employer’s obligation to pay earned money to the employee at least twice a month. The most problematic issue in this case is the situation in which the payday falls on a holiday or weekend.

In this case, the law imposes the responsibility on the employer to pay it directly on the day preceding the day off or days off. If wages must also take into account the work done on that day, for example, at, it is allowed to be paid without taking into account the specified standards with the inclusion of earnings in the next payment, which also should not lag more than 15 days from the date of this payment. Payment of salary after the weekend or holidays is unacceptable and allows the employee to demand compensation for late payment of wages.

Some employers practice receiving from employees a receipt or other document that contains a request to the employer to pay wages once per reporting period, for example, a month. This practice in fact has no legal basis and is illegal from the point of view of compliance labor legislation. Moreover, even if the employee’s rights are not actually violated and there have been no complaints against the organization, then Labour Inspectorate or the tax authorities may note the fact of such a violation upon filing reports.

If the employee does not show up for his wages given to him in cash at the enterprise, then the employer is obliged to issue it subsequently at the first time the employee contacts work time and on a working day in the amount in which it was accrued to him. However, the worker does not have the right to demand compensation or an increase in wages, including by including in it funds for days worked before actual receipt.

Other nuances you should know about payment terms and salary calculation procedures

It should be noted that a situation can often arise when working with credit organizations that the employee cannot receive his salary directly on the day it is accrued. In this case, if the delay in payment was not due to the fault of the employer and the necessary funds were sent from his current account to the accounts of employees or a credit institution, the employer is not responsible for late payment of wages.

In situations where an employee is dismissed, the wages due to him for the entire period worked must be paid on the day of dismissal. Or, if the employee does not show up to receive it, then it can also be credited to his bank card or issued upon request upon the employee’s application to the accounting department. Upon termination of the employment relationship bank card, as well as all costs associated with its maintenance from the moment the employment contract expires, are borne by the employee.

The employer must independently approve the procedure for paying wages and the specific days of the month on which it is made. In this case, the most convenient mechanism is to make payments to all employees from the 1st to the 15th of the month inclusive for one part of the salary. And from the 16th to the 31st of the month for the second part of the funds earned. , although they are not full wages, are paid at least three days before the vacation, but not after it. Wages due during the vacation period are paid in an appropriate manner convenient to the employer without violating the terms of payment.

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 time we 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.

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 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.