The Ministry of Industry and Trade filed a lawsuit against the developer of Elvis processors for 0.5 billion rubles
| Customers: Ministry of Industry and Trade of the Russian Federation (Ministry of Industry and Trade) Moscow; State and social structures Project date: 2016/04
Project's budget: 550 million руб.
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Chronicle of the project
2022: Filing a lawsuit against SPC Elvis
On June 30, 2022, the Ministry of Industry and Trade filed a lawsuit against the Elvis SPC for 512 million rubles. The agency intends to recover this amount, since, as it claims, the company did not fulfill the conditions for the development and production of microcircuits for satellites. The essence of the claims is not disclosed in more detail.
Sources of Kommersant said that the Ministry of Industry and Trade filed a forced lawsuit, otherwise questions could arise from the competent authorities to the officials themselves. At the same time, experts interviewed by the publication note that the full recovery of funds can be a "murder of the company," and in the current conditions (the introduction of Western sanctions against the background of the Russian special operation in Ukraine), the development bureaus have no opportunity even in theory to fulfill the terms of the transaction, since they now have no access to factories.
According to Anastasia Taradankina, partner of the Delcredere Bar Association, the supply of chip elements could have been affected by the 2014 sanctions, but they were not unexpected when concluding the contract in 2016, so they cannot be attributed to force majeure.
Oleg Moskvitin, partner of Muranov, Chernyakov and Partners, is confident that the manufacturer will not be able to refer to existing restrictions. However, almost three years passed from the direction of the claim to the filing of the claim, "perhaps there were some agreements on prolongation between the parties, which may allow referring to the sanctions of 2022 as force majeure," he admits. At the same time, the lawyer clarifies, force majeure protects only from penalties and losses.[1]
2016: Contract Award
At the end of November 2016, the Ministry of Industry and Trade signed a contract with the developer of Skif processors SPC Elvis for the development and serial production of radiation-resistant microcircuits for on-board space complexes. The tender amount amounted to 550 million rubles. Under the terms of the contract, chip tests had to be performed by June 30, 2019.
Notes
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