Angstrem will pay the Ministry of Defence of 8 million penalty instead of 354 million

2019: Angstrem will pay 8 million penalty

On August 22, 2019 it became known that the Ministry of Defence it is necessary to be satisfied with a penalty in 7.7 million rubles instead of the punishment for his at fault contractor requested in court in the amount of 354.9 million rubles. It follows from base of judgments. The ministry submitted the corresponding claim to JSC Angstrem on November 27, 2018. It was satisfied partially — on the conditions stated below.

Without having agreed with so small amount of compensation, the Ministry of Defence submitted on June 17, 2019 the appeal, however on August 8, 2019 attendants of the law upheld the initial solution on case. Thus, the ministry will receive from Angstrem 46 times smaller, than calculated.

The contract because of which there was a trial concerned accomplishment of the developmental work (DW) "Creation of an automated system of production of accounting and use of personal electronic cards of the serviceman" (cipher "Passport"). Judging by archive reporting documents of Angstrem, it was concluded still on January 17, 2012. In edition of February 2 of December, 2014 the price of this contract was 945.5 million rubles.

On basic conditions, the contractor had to graduate from ROC by May 31, 2013 (approximately in 16 months). In reality of work were handed over only on November 21, 2016 i.e. with violation of term in 1270 days or almost for three and a half years.

At the time of a material exit in the Ministry of Defence could not explain CNews why the ministry waited for exactly two years to submit a claim to the contractor, and did not answer a question whether are going to make further attempts to appeal against court's decision. Representatives of Angstrem could not tell about the reasons of more than three years' tightening of ROC also.

As it appears from the judicial conclusions of two instances, several factors affected so significant reduction of the amount of a penalty at once. In particular because of extremely late date submissions of the claim attendants of the law had to take into account the fact of the expiration of standard three-year term of limitation period in delay. As a result of a penny could be charged not since May 31, 2013 (the planned completion date of the contract), and only since November 27, 2015 — in three years preceding submission of the claim. That is, the term of cognizable delay was reduced from 1270 to 367 days.

"At the same time the court notes that charge of a penalty for the total amount of the government contract without proper execution of a part of works contradicts the principle of legal equality as creates primary conditions to the creditor to whom, therefore, compensation not only for the obligation which is not fulfilled in time, but also for those works which were performed properly, said in the conclusions is due. — Transformation of institute of a penalty into a method of enrichment of the creditor is inadmissible and contradicts its compensation function".

As a result the court of first instance came to a conclusion about disproportion of the stated penalty, "taking into account the compensation nature of a penalty on sense of regulations of the current legislation", and the appellate instance agreed with it.^[1]

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