MOSCOW, January 17 - RIA Novosti. The Supreme Court of Russia supported the decision of the first and cassation instances, which, according to the claim of the Ministry of Defense, recovered from the Moscow design bureau "Compass" about 511 million rubles of an unprocessed advance under the contract for the implementation of experimental design work "Creation of the NITKA-2 take-off and landing systems landfill".
As follows from the published ruling of the court, the judge of the Supreme Court of the Russian Federation Anatoly Pershutov rejected the cassation appeal of Compass, which asked to transfer the case for review to the Judicial Board for Economic Disputes.
The contract worth more than 2.9 billion rubles was signed in May 2010. Compass has fully completed two stages of OCD, and during the implementation of the third, the project lost its relevance, and the Ministry of Defense decided to abandon it in September 2017. The dispute arose over the payment for the work performed at this stage.
The courts re-examined the requirements of the customer and the contractor to each other. Initially, the lawsuit was filed by Compass. According to the calculations of the Design Bureau, it incurred expenses in the amount of more than 1.8 billion rubles, including the reserve for the next stages, and received about 1.1 billion rubles in advance from the customer. At the first review, the courts of two instances recovered the difference - about 732 million rubles - from the Ministry of Defense in favor of Compass.
However, the district court annulled the judicial acts. He pointed out that Compass received compensation in a larger amount for the work, the result of which was not achieved, than the remuneration that would have been due to it in case of proper execution and achievement of the result – the same 1.1 billion rubles.
Upon reconsideration, the Moscow Arbitration Court was guided by the 2018 cost reconciliation act agreed by the parties, in which the actual costs for the stage were estimated at 579 million rubles. Thus, in February 2021, the court recovered from the designer the difference between the advance and its certified costs. At the same time, the court of the Ministry of Defense refused to recover 379 million rubles of interest.
The appellate instance confirmed the termination of the contract on the claim of Compass, but canceled the recovery of 511 million rubles in favor of the Ministry of Defense, considering that the contractor's costs exceeded the advance. Finally, the Arbitration Court of the Moscow District in September 2021 overturned the decision of the appeal and upheld the decision of the first instance.
The materials of the court specify that the project "THREAD-2" was planned in the Krasnodar Territory. The NITKA training ground (a scientific and test simulator of naval aviation) is located in the Crimea, at the Novofedorovka airfield. The complex is used for training pilots of carrier-based aviation.
