The Ukrainian concern «Antonov» will pay the Russian defense Ministry 180 million rubles

© Fotolia / Sebastian DudaВ the courtroom. Archival photoThe Ukrainian concern «Antonov» will pay the Russian defense Ministry 180 million rubles© Fotolia / Sebastian Duda

Moscow district arbitration court upheld the judicial acts of the two lower courts that the claim of defense of Russia ordered Ukrainian state aircraft manufacturing enterprise «Antonov» more than 180 million roubles of the penalty, to information on the court’s website.

District court on Monday dismissed the appeal of the Ukrainian group on issued in November, the decision of arbitration court of Moscow partially satisfied the claim of the Ministry of defense, and adopted in January a resolution of the Ninth arbitration court of appeal that the decision of the court of first instance was upheld.

The Russian defense Ministry in July 2015, has asked the court to recover Antonov’s more than 357 million roubles of the penalty for the violation by the Respondent of terms of performance of the two phases of development works (ROC), under contract dated may 16, 1989, for development of aircraft An-70. Under the terms of the additional agreement to the contract, Antonov had to perform two stages of OCD to 25 November 2012, however, as of September 20, 2016, as pointed out by the plaintiff, the customer was not delivered, the delay amounted to 1395 days.

From the case materials that the defense Ministry of Ukraine in June 2014 had informed the defense Ministry about the completion of state joint tests of An-70 without the participation of specialists of the Ministry of defense of Russia. In response, the Russian defense Ministry said the Antonov concern, he believes the test aircraft An-70 is not initiated, and the results obtained by the Ukrainian side, is not confirmed.

The court of first instance rejected the arguments of the defendant on nepodvijnosti dispute to the arbitration court of Moscow, stating that his expertise is confirmed by prisoners on 15 April 2002, a supplementary agreement to the contract. Also the arbitration of Moscow has considered unproven arguments of the Ukrainian enterprise that violation of the terms has occurred through the fault of the customer. The arbitration of Moscow has noted in the decision that non-performance «of obligations by subcontractors or the Ministry of defense of Ukraine… does not exclude the guilt of the Head of the customer (SE «Antonov»), in connection with which the grounds for exemption from liability is not available.» At the same time, the court of first instance satisfied the claim partially, considering that it is possible to reduce the penalty claimed 357 million rubles to 180 million rubles.

Aviation scientific-technical complex named after O. K. Antonov aircraft building concern of Ukraine. The company was developed about 100 types of aircraft.