Armed Forces of the Russian Federation: covid-restrictions in the country of the manufacturer justified the delay under the state contract
The supplier informed the customer that he could not deliver the goods due to restrictions in the country of the manufacturer. The customer refused to fulfill the contract. The controllers did not include the information in the RNP.
The courts of three instances supported their decision because the supplier:
failed to fulfill obligations on time due to circumstances beyond his control;
offered the customer to suspend the contract or terminate it by agreement of the parties;
notified about the possibility to deliver the goods by the end of the year.
The RF Armed Forces did not review the case.
A similar position is taken, in particular, by the AU of the East Siberian and Ural districts.
Document: Definition of the Armed Forces of the Russian Federation of 23.03.2022 N 301-ES22-1801