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 right word"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 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.

The regressive requirement is legal norm, which relates to the financial and insurance areas of the economy. Most often, lawyers dealing with this concept come across civil suits. According to established rules, the organization that compensated for the damage caused may exercise the insurer’s right of recourse and demand compensation from the culprit in the amount of the compensation paid. This rule is laid down in Art. 1081 SCRF and others regulations. This right is often used by those trying to minimize losses in this way.

What is a recourse claim?

This concept is often found in claims aimed at recovering the costs of insurance companies, and such claims are addressed to those responsible for the accident. This type of regulation first appeared in the banking and financial sector. The bank filed a recourse claim against the person who issued the invalid bill of exchange, for which the bank had already made payment. An integral part A recourse claim is a direct claim in court.

How does the right of recourse work?

A recourse claim is an asset of the insurance company itself, which it is trying to realize. The amount of possible compensation in in this case limited by the amount of insurance payments. This norm is laid down in paragraph 1 of Article 1081 of the Civil Code of the Russian Federation. Besides, insurance organization may request compensation for expenses that arose during the consideration of insurance claims or during the consideration of the case in court. IN the latter case this item must be included in

Insurance requirements for compulsory motor liability insurance

The most common option for a regressive claim to arise is to make claims under a compulsory motor liability insurance policy. It is more likely that the insurer may require cash payment in the following cases:

• If harm to the health or life of the victim is caused due to malicious intent. For example, a collision, if it was done on purpose, and this was proven in judicial procedure, becomes a reason to demand monetary payment from the guilty person.
• If the damage was caused due to a person acting under the influence of alcohol or drug intoxication. Medical examination certificates can serve as evidence of this fact. The insurer's recourse claim cannot be satisfied if the fact of alcohol (or drug) intoxication has not been proven medical workers. Such acts are attached to the case and can serve as evidence on one side or another.
• If the damage in an accident was caused by a person who this moment time had no right to manage vehicle. It means that recourse claims insurance company have a legally reliable basis if the offender did not have driver's license or was deprived of it for previous traffic violations.

Other cases of application of recourse claims

This compensation is most relevant in cases malicious violation rules of behavior in the event of an accident. However, in order to take advantage of this clause of the law, a representative of the insurance company must prove that the culprit of the accident actually fled the scene of the accident. Administrative protocol, which recorded the commission of such an offense will not be sufficient evidence in court. To materials lawsuit Data on bringing the driver to administrative liability must be attached. The representative of the insurance company is obliged to present facts that convincingly prove that the driver intentionally left the scene of the accident.

Recourse claim based on an insurance contract

An auto insurance policy usually specifies the persons authorized to drive the insured vehicle. If damage was recorded, the culprit of which was a person who was not included in the OSAGO contract as a driver allowed to drive a car, then the insurance company has the right of recourse.

This type of claim will be very likely if the insurance contract contained a clause limiting the number of persons authorized to drive the insured vehicle. MTPL agreements must be concluded taking into account this requirement. Restrictions on the use of the insured vehicle are as follows:

• a list of persons entitled to drive the insured car is indicated;
• indicates the period in which it is possible to use this vehicle within the insurance period;

If the insurance contains a clause about the circle of persons allowed to drive the vehicle, then the policy must indicate the names of the drivers allowed to drive this vehicle.

For citizens, limited use of a car by period of time means that the car can be used during a certain season. For example, for convertible cars the limit of use is limited to the warm season, but it makes sense to insure snowmobiles only for winter period. Organizations and businesses can also take advantage of “seasonal” insurance, applying the insurance period to watering and snow removal machines in different seasons.

If an insured event occurs due to violation of these conditions, refuse payment Insurance Company has no right, since these restrictions are not included in the list of points according to which payment may be refused. But, breaking the terms insurance contract, the insured driver exposes himself to the risk of running into recourse claims from the insurance company.

Technical inspections and regression requirements

Our legislation does not coordinate the dates of purchase of an insurance policy with the time of issuing coupons technical inspection. Meanwhile, in 2012, a provision came into force according to which the car owner is obliged to ensure on his own the timely passage of state technical inspection of the truck, passenger taxi, truck, passenger bus and some other types of transport. If at the time of occurrence insured event actions of technical coupons, then the insurance company has the right to file a claim, and the recourse claim under MTPL in this case will be satisfied.

Cases triggering recourse claims

In particular, the insurance organization has the right to claim compensation for:

• if the “culprit” of the insured event was a car malfunction;
• if this malfunction has already been detected by the inspection operator, but the data about it is in diagnostic card were never entered.

What to do if the insurer makes a recourse claim

Every car owner may find himself in such a situation, so it would be useful to outline an algorithm of actions in which the claims of insurers can be reasonably challenged in court.

There is no need to make concessions to insurers and immediately agree to compensation for a recourse claim. An accident or other incident that caused damage to property or health must be proven both from the point of view of the victim and from the point of view of the perpetrator of the tragedy. First of all, the basis for the claim should be the transfer to the victim insurance compensation. If such payment was refused, all claims by the insurance company for recourse can be safely rejected.

Please note that the insurer has the right of recourse only at the moment of transferring the insurance payment to the victim!

Amount of claim and limitation period of claim

The defendant may appeal the claims of the insurance company if the amount of claims exceeds the amount incurred. insurance payments. According to the law, the amount of recourse should not exceed actual size insurance payment. You should also make sure that the period limitation period has not yet expired - in otherwise the insurer's recourse claims will be automatically rejected.

And remember that only proven guilt in a traffic accident gives the insurance company reason to hope for positive decision recourse courts. If actions individual entailed the occurrence of an insured event, but for a number of reasons the person was not found guilty; all claims of the insurance company for recourse do not have any significant grounds.

1. A person who has compensated for damage caused by another person (an employee in the performance of his official, official or other labor responsibilities, a person driving a vehicle, etc.), has the right reverse demand(recourse) to this person in the amount of compensation paid, unless a different amount is established by law.

2. The causer of harm, who has compensated jointly for the harm caused, has the right to demand from each of the other causers of harm a share of what was paid compensation to the victim in an amount corresponding to the degree of guilt of this tortfeasor. If it is impossible to determine the degree of guilt, the shares are considered equal.

3. Russian Federation, subject Russian Federation or a municipal entity in the event of compensation for damage caused by a judge in the administration of justice, have the right of recourse to this person if his guilt is established by a court verdict that entered into legal force.

3.1. The Russian Federation, a subject of the Russian Federation or a municipal entity in the event of compensation for damage on grounds provided for by articles 1069 and 1070 of this Code, as well as by decisions European Court according to human rights have the right of recourse to a person, in connection with illegal actions(inaction) of whom the said compensation was made.

4. Persons who have compensated for damage on the grounds specified in Articles 1073 - 1076 of this Code do not have the right of recourse to the person who caused the damage.

Comments on Article 1081 of the Civil Code of the Russian Federation

1. Right of recourse ( reverse action) is the claim of the creditor (regredient) to the debtor (the direct cause of harm) for the return of compensation paid due to his fault to the victim.

By general rule the debtor under a recourse claim is obliged to reimburse the creditor for the payment he made to a third party in in full. Exceptions to this rule may be provided by law. Thus, employees who cause harm while performing their job duties are liable to their employer in accordance with the provisions of Art. Art. 238 - 248 of the Labor Code, which under certain circumstances limit the amount of damages. If the harm was caused by employees not performing their job duties (for example, unauthorized use technical means), then they bear responsibility to their employer on the basis of the norms civil legislation, i.e. in full (clause 171 of the Resolution of the Plenum of the USSR Supreme Court dated September 23, 1977 “On the application by courts of legislation governing financial liability workers and employees for damage caused to an enterprise, institution, organization" // Collection of resolutions of the Plenums Supreme Courts USSR and RSFSR (RF) by civil cases. M.: SPARK, 1994. P. 49).

2. The right of recourse against the debtor arises from the time of payment to the victim of the amounts subject to compensation in connection with the harm caused, and from the same moment the period for presenting recourse claim. The court does not have the right to satisfy a recourse claim if, at the time of the decision, the plaintiff has not compensated for the damage caused (Bulletin of the Armed Forces of the Russian Federation, 1994, No. 8, Art. 10).

3. In paragraph 2 of Art. 1081 we're talking about on recourse obligations of persons who caused harm jointly (see Article 1080 and commentary thereto). Each of them, in the case of sole compensation for harm to the victim, has the right of recourse to others. Responsibility must be assigned taking into account guilt, and only if it is impossible to determine the degree of guilt of each of the co-causers, shares are recognized as equal.

4. Provisions of paragraph 3 of Art. 1081 represent special case the general rule on recourse to the direct cause of harm, provided for in paragraph 1 of Art. 1081. Recourse claims based on clause 3 may be presented to officials of the investigative bodies, preliminary investigation, prosecutor's office and court, but only for the actions listed in paragraph 1 of Art. 1070 of the Civil Code of the Russian Federation, and only in cases where harm to citizens in this area is caused as a result criminal acts officials appointed by a verdict that has entered into legal force.

5. Since liability for the actions of other persons under Art. Art. 1073 - 1076 of the Civil Code of the Russian Federation is possible only if the person held accountable is at fault, then the latter, having compensated for the harm, does not have the right of recourse to the direct causers of harm.

Regression requirement - specific type a right in which a person (regressor), who has compensated for damage caused by another person (the culprit), has the opportunity to demand from the culprit financial compensation their losses. The amount of compensation that a person who has exercised the right of recourse can count on corresponds to the amount of his expenses when compensating for damage (unless otherwise prescribed by law). The recourse claim is a reverse right, and is regulated by the Civil Code of the Russian Federation.

The essence of the concept and the basis for the emergence of a recourse claim

A recourse claim can be filed by a debtor under a joint and several obligation - if he has fulfilled this obligation to compensate for harm in full, then he has the right to count on compensation for expenses from the remaining debtors.

According to the Civil Code of the Russian Federation (Article 1081), the grounds for a recourse claim may be:

• cases where an employer compensates for damage caused by one of its employees;
• cases when insurers (according to the MTPL agreement) cover expenses for the insured who caused harm during transport accidents, driving in drunk etc.;
• cases when insurers, within the framework of social insurance policies, compensate for damage resulting from the actions of other persons;
• cases when the owner of the object increased danger compensated damages for the person who managed these facilities.

Thus, a recourse claim usually arises in civil circulation. It relates to many areas, but most often recourse is resorted to in the insurance sector. An example of recourse for insurers is next situation: the injured party suffered damage from the culprit of the accident, who was intoxicated. In this case, the victim submits a request to insurers to cover losses, the client of which is the person responsible for the accident. As a result, insurers compensate the victim for damage, but file a recourse claim in order to receive compensation for expenses from their client.

Based on this, compensation for damage in the context of recourse is possible only when the parties to joint and several obligations are officially in a legal relationship supported by an agreement (agreement between employer and employee, insurer and policyholder, etc.).

Debtors have the right to file a recourse claim against the culprit in arbitration court. In turn, the perpetrators can challenge the recourse claim, which entails financial liability.

Specifics of the recourse requirement according to the Civil Code of the Russian Federation

The norms of recourse requirements usually follow from the Civil Code of the Russian Federation, in in some cases recourse law can be adjusted Labor Code. The legislation regulates the grounds for filing a recourse claim; the amount of compensation to the person who compensated the damage for the culprit; terms of claim, etc.

The rules of recourse arising from contractual legal relations include:

• the recourse obligation comes into force when the main obligation is fulfilled - payment of compensation for damage injured party(Article 200 of the Civil Code of the Russian Federation);

• debtor who performed joint obligation, may exercise recourse against other debtors in equal shares, excluding the share that falls on himself (Article 366 of the Civil Code);

• The amount of compensation payable to the tortfeasor may differ from the amount that the debtor compensated the victim. For example, an employee compensates the employer for damage caused without including the amount of lost profits in the amount (Article 238 of the Labor Code of the Russian Federation);

• the actual causer of damage has recourse obligations before the person who compensated for the damage, if he committed illegal act(crime) proven by the court (clause 1, article 1070 of the Civil Code of the Russian Federation).

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New edition of Art. 1081 Civil Code of the Russian Federation

1. A person who has compensated for damage caused by another person (an employee in the performance of official, official or other labor duties, a person driving a vehicle, etc.) has the right to claim back (recourse) against this person in the amount of compensation paid , unless another size is established by law.

2. The causer of harm, who has compensated jointly for the harm caused, has the right to demand from each of the other causers of harm a share of the compensation paid to the victim in an amount corresponding to the degree of guilt of this causer of harm. If it is impossible to determine the degree of guilt, the shares are considered equal.

3. The Russian Federation, a subject of the Russian Federation or a municipality, in the event of compensation for damage caused by a judge in the administration of justice, have the right of recourse to this person if his guilt is established by a court verdict that has entered into legal force.

3.1. The Russian Federation, a subject of the Russian Federation or a municipal entity in the event of compensation for damage on the grounds provided for in Articles 1069 and 1070 of this Code, as well as according to decisions of the European Court of Human Rights, have the right of recourse to the person in connection with whose illegal actions (inaction) the specified compensation.

4. Persons who have compensated for damage on the grounds specified in Articles 1073 - 1076 of this Code do not have the right of recourse to the person who caused the damage.

Commentary on Article 1081 of the Civil Code of the Russian Federation

The comment is being finalized and is temporarily unavailable.

Another comment on Art. 1081 of the Civil Code of the Russian Federation

1. The right of recourse means the right of a person who has compensated for damage caused by another person to demand compensation for expenses from the causer of harm. Limitation of the scope and size of a recourse claim is allowed only in cases provided by law(for example, Article 241 of the Labor Code).

2. The condition for the emergence of the right of recourse on the part of the Russian Federation, a constituent entity of the Russian Federation or municipality in case of compensation for damage caused by them official bodies of inquiry, preliminary investigation, prosecutor's office or court (clause 1 of Article 1070 of the Civil Code of the Russian Federation), is the establishment of the guilt of such a person by a court verdict that has entered into legal force.

3. Persons who compensated for damage on the grounds specified in Art. 1073 - 1076 Civil Code, are responsible for their illegal behavior, expressed in failure to exercise proper control over the ward or improper execution responsibilities for his upbringing, therefore they have no right of recourse to the direct cause of harm.