Inside the Intel processor instead of Elbrus? The examination will clarify the long dispute over the supply of Aerodisk DSS to the Ministry of Internal Affairs

2023

Inside Intel processor instead of Elbrus? The examination will clarify the long dispute over the supply of Aerodisk DSS to the Ministry of Internal Affairs

As TAdviser found out, after a year and a half of litigation in several instances, in October 2023, a forensic computer-technical examination of the disputes DSS "Aerodiska" put Chief Information and Analytical Center (GIAC) of the Ministry of Internal Affairs^[1] was appointed^[2]She was appointed by the Arbitration Court of the city, Moscow where the case was previously sent for a new trial by the cassation instance - the Arbitration Court of the Moscow District.

The examination was entrusted to the specialists of the Forenzik Scientific Center based in Voronezh, the deadline is set until December 27, 2023. Experts were warned of criminal liability for giving a deliberately false conclusion.

Until the examination was completed, the consideration of the case in court was suspended.

Examination will understand what the DSS, the put GIAC of the Ministry of Internal Affairs consist of

Recall that the proceedings are due to the fact that the GIAC Ministry of Internal Affairs decided to unilaterally abandon the execution of the state contract with the Modern Technologies company for the supply of two Aerodisk Vostok DSS facilities based on Elbrus-8SV processors for the Federal Data Center of the Ministry of Internal Affairs of Russia (Nagornaya data center). The contract was concluded between the GIAC of the Ministry of Internal Affairs and Modern Technologies in September 2021. The DSS manufacturer was Norsi-Trans under an agreement with Aero Disk. Aero Disk itself did not participate in the tender for the supply of DSS of systems, as it was "not ready to offer the configuration of the solution specified in its technical requirements."

The customer referred to the fact that "Modern Technologies" provided him with inaccurate information about the product. In addition, in the cassation instance, the customer claimed that the package of the disputed goods under the guise of Russian DSS includes DSS of a trademark of AERODISK Engine No. 4 of foreign origin, which is made on the basis of an Intel processor, and not Elbrus^[3]. For more details, see the previously published article below.

As follows from the decision of the Moscow Arbitration Court published on October 30, the experts were asked the following questions:

• Whether the goods delivered by "Modern Technologies" under the disputed state contract meet the requirements of the terms of reference and specification for this contract. If not, what is the discrepancy?
• Does the composition of the supplied equipment correspond to what is specified in the technical passports of the DTVL.466535.009 IR for the DSS "Aerodisk VostokE12" No. YH4OUD059 and YH4OUD060?
• Are there any products in the delivered goods - Storage "Aerodisk Vostok E12," included in the register of industrial products produced in the territory of the Russian Federation S161/3/2020, the unified register of Russian radio-electronic products RE-111/21?
• Were the DSS "Aerodisk Vostok E12" subjected to a change (refinement/modernization), if so, what were the changes?
• Is the SKH "Aerodisk Vostok E12" received from Norsi-Trans included in the package of DSS on the AeroDisk Engine platform No. 4?
• Under the control of which software are the DSS "Aerodisk Vostok E12," supplied by "Modern Technologies" under the state contract?

Trial in three courts, a new turn in the case

On August 24, 2023 Moscow , a new consideration of the case on delivery to the Arbitration Court is scheduled DSS , Chief Information and Analytical Center (GIAC) of the Ministry of Internal Affairs follows from the card of this case in the Electronic Justice system^[4]

The trial has been going on since April 2022, it began against the background of the fact that the GIAC Ministry of Internal Affairs decided to unilaterally abandon the execution of the state contract with the Modern Technologies company for the supply of two Aerodisk Vostok DSS based on Elbrus-8SV processors for the Federal Data Center of the Ministry of Internal Affairs of Russia (Nagornaya data center).

The contract, which subsequently turned into a controversial one, was concluded between the GIAC of the Ministry of Internal Affairs and Modern Technologies in September 2021. The DSS manufacturer is Norsi-Trans under an agreement with Aero Disk. In the partner chain, Business Telecom-Import and AT Consulting also appear in published court documents.

Litigation between Modern Technologies and the GIAC Ministry of Internal Affairs has been going on since April 2022

As follows from the decision of the Moscow Arbitration Court, issued following the consideration of the case in the first instance in November 2022, the customer explained his refusal to execute the contract by the fact that Modern Technologies provided him with inaccurate information about the product - that the serial number of the proposed DSS not correspond to the serial number "Norsi-trans"^[5].

It follows from the same document that before delivery to the customer, the DSS were retrofitted with auxiliary equipment that improves the technical characteristics of the control module and allows the system to comply with the customer's specifications.

Earlier, CNews wrote that Aero Disk itself did not participate in this tender for the supply of DSS, as it was "not ready to offer the configuration of the solution specified in its technical requirements"^[6]

The court in November 2022 considered unreasonable the circumstances to which the GIAC of the Ministry of Internal Affairs referred as the basis for terminating the contract with Modern Technologies and declared illegal the decision to unilaterally refuse to fulfill the state contract. The GIAC of the Ministry of Internal Affairs did not agree with this state of affairs and filed an appeal. However, the court of appeal did not satisfy her, agreeing with the conclusions of the higher instance^[7].

The GIAC of the Ministry of Internal Affairs did not stop there and reached the cassation instance - the Arbitration Court of the Moscow District, which in May 2023 decided to cancel the decision of the first and the decision of the appellate instance and send the case for a new trial to the Moscow Arbitration Court.

At the same time, new details on this case appeared in the resolution of the cassation instance, which were not mentioned earlier in the documents published in Electronic Justice.

As the applicant of the cassation appeal points out, the customer became aware that the package of controversial DSS under the guise of a Russian data storage system includes DSS of a trademark of AERODISK Engine No. 4 of foreign origin, which is made on the basis of an Intel processor, and not Elbrus, the cassation ruling says. – … according to the applicant for the cassation appeal, the supplier, under the guise of supplying Russian DSS systems, actually supplied goods of foreign origin and, in order to accept this goods, provided deliberately forged documents confirming its compliance with the terms of reference of the state[8].

These arguments have not been assessed by the courts that previously considered the case, which is essential for the correct consideration of the case, according to the Arbitration Court of the Moscow District. The court also notes that the antimonopoly authority did not find out the issue of compliance in the case of the supplied equipment with the requirements of the contract.

The court also draws attention to the fact that the goods manufactured by Norsi-Trans underwent a change (revision/modernization) by third parties in order to bring them in line with the terms of reference, but what the specified revision was and with the use of which components, the ships were not established.

The Court of Cassation concluded that the courts did not assess the arguments of the complaint and the evidence of importance for the correct resolution of the dispute. Thus, the mentioned judicial acts are subject to cancellation. The case is subject to referral for new consideration to the court of first instance. During the new consideration, the court of first instance should take into account the above, check the defendant's arguments about the non-compliance of the equipment with the requirements of the contract, issue a legal and justified judicial act, "the Moscow District Arbitration Court concluded.

The press service of Aerodisk told TAdviser that the customer was supplied with Russian equipment Aerodisk Vostok based on Elbrus processors, which fully meets all the requirements presented.

This is confirmed by both the decision of the court of first instance and the independent examination carried out. The equipment was shipped to the customer and is now with him, but it has not yet been paid. It is a pity that the customer uses such methods when working with a Russian manufacturer, the company noted.

As for the modification of the goods, Aerodisk claims that the supplied equipment has not undergone changes:

In order to comply with the terms of reference, it was completed with additional components, without which it is impossible to use it in the customer's infrastructure. This is standard practice when supplying DSS, it is used by all suppliers.

2022: The customer's refusal to fulfill the contract, the contractor's appeal to the court

28.03.2022 the city, the GIAC Ministry of Internal Affairs issued and sent a decision to Modern Technologies LLC to unilaterally refuse to fulfill the state contract of 08.09.2021. In this regard, in April 2022, Modern Technologies filed a lawsuit against the GIAC Ministry of Internal Affairs.

2021: Conclusion of the state contract

08.09.2021 state contract No. 0373100127221000020 for the supply of data storage systems for the Federal Data Center of the Ministry of Internal Affairs of Russia (Nagornaya data center) was signed in the city of GIAC of the Ministry of Internal Affairs and Modern Technologies LLC.

Notes