Ministry of Emergency Situations of Ingushetia terminated the concession agreement with Sitronics

2022: Termination of Concession Agreement

In the protracted problematic relations between the authorities Ingushetia and Moscow IT the company Sitronics"," perhaps an end has been put. The republic integrator was linked state by a private partnership in a concession format. The Ingushetia Arbitration Court decided to terminate this concession. This became known on August 9, 2022.

Thus, the court fully satisfied the claim of the Ministry of Civil Defense and Emergency Situations (EMERCOM) of the Republic of Ingushetia, which was filed with Sitronics on April 19, 2022.

The terminated partnership agreement between the parties was signed on April 4, 2017. It concerned a project for the installation and maintenance of photo and video recording systems on the roads of Ingushetia to collect fines for offenses.

The project consists in the fact that Sitronics at its own expense provided the technical possibility of fixing violations and automatic accrual of fines, and Ingushetia deducted a certain percentage from these fines. Prior to payment to the executor of 188.8 million during the calendar year, this percentage was 85; after exceeding this amount - 50.

The parties to the agreement have been in conflict since at least the beginning of 2019. The Ingushetia authorities insisted on the improper operation of the Citronix photo and video recording complexes: in the period from 2018 to 2020. there were constantly failures in the system. Objecting to this, Sitronics reported that photo and video recording complexes worked inappropriately due to problems with electricity - voltage drop and complete de-energization. This area in Ingushetia is under the jurisdiction of Ingushenergo.

On this basis, Ingushetia stopped paying Sitronics of services, but he continued to provide them, issuing invoices to the republic. With these accounts (as a rule, quarterly), the company repeatedly appealed to the Moscow Arbitration Court, and its claims were constantly satisfied.

If Ingushetia tried to challenge the decisions made, she did not succeed. However, she was also in no hurry to fulfill the instructions of the Moscow ministers of Themis. In December 2021, representatives of Sitronics told CNews that at that time the company, according to court orders, had never received any money from the state partner. At the same time, the company emphasized that they continue to fully comply with the agreements with Ingushetia.

The first of the lawsuits "Sitronics" filed against Ingushetia on June 16, 2020. According to it, by a court decision, the republic had to pay off the debt in the amount of 85.7 million rubles. According to the second claim of July 22, 2020 - 28.5 million rubles. On the third claim of September 18, 2020 - 28.3 million rubles. For the fourth of December 30, 2020 - 41.1 million rubles. According to the fifth lawsuit of May 5, 2021, Ingushetia was required to pay off a debt of 39.2 million rubles. According to the sixth of July 1, 2021 - 26.5 million rubles. According to the seventh of October 14, 2021 - 30.5 million rubles.

The last two lawsuits, both of June 14, 2022, are still pending. The amount of the first of them is 28.6 million rubles, the second - 28.8 million rubles. Thus, we can calculate that Ingushetia has accumulated only the main debts by 337.2 million rubles. However, in each of the court decisions of the Ministry of Emergency Situations of the republic, it is also ordered to pay penalty interest on the amount of the principal debt on the day of its actual repayment. As a result, the total amount of Ingushetia's debt to Sitronics, taking into account many years of delay, should be significantly higher than the Ministry of^[1]

2020: Recovery through the court 85.7 million rubles

The Sitronics company recovered 85.7 million rubles through the court from the government of Ingushetia as part of a project to install and maintain photo and video recording systems. This became known on October 30, 2020.

Sitronics filed a lawsuit with the Moscow Arbitration Court to recover from the Office of the Republic of Ingushetia to ensure activities to protect the population and the territory from emergencies the amount that the state institution did not pay to the company as part of a project to install and maintain photo and video recording systems for traffic violations on the roads of the region.

A concession agreement was concluded between the regional authorities and the company in 2017. The fixation system was put into operation in 2018. Sitronics assumed obligations at its own expense to ensure the technical possibility of fixing violations and automatic accrual of fines, and the authorities state power Ingushetia to deduct a certain percentage from these fines to the enterprise. Until the moment of payment to the contractor 188.8 million during the year, this percentage is 85; after exceeding this amount - 50.

Until the second quarter of 2019, settlements between the parties to the agreement were made on time, approximately once every three months, as spelled out in the contract.

During the trial, the defendant insisted on improper work of photo and video recording complexes. In the period from 2018 to 2020, there were constantly interruptions in it. Allegedly, the company that installed the equipment was repeatedly warned about this. As a result, the defendant calculated the approximate number of issued decisions on fines in the event of proper operation of the objects of the concession agreement, which amounted to 7.3 million rubles. based on 13,416 decisions.

However, the plaintiff argued his position by the fact that the photo and video recording complexes worked inappropriately due to problems with the power supply of the complexes. This area in the republic is under the jurisdiction of Ingushenergo.

The court, having studied the arguments of both parties, decided to recover from the government of Ingushetia the underpaid amount provided for by the concession agreement^[2].

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