The Supreme Court of the Russian Federation has figured out when the slow execution of a state contract cannot be considered unfair behavior
The counterparty provided services behind schedule. The customer decided that it would not be possible to fulfill the contract on time, and terminated it unilaterally.
The controllers did not include the information in the RNP: they did not prove the fact of evasion from the execution of the contract, they did not violate the general term for it.
The courts of three instances agreed with them, since the contractor tried to fulfill the obligations, namely,
he corresponded with the customer, and he confirmed the fact of the provision of services, although behind schedule;
he reported what works were carried out and what specialists were involved;
signed contract agreements;
he continued to fulfill the contract until the unilateral refusal came into force.
The Supreme Court of the Russian Federation did not review the case.
It should be noted that in practice there is an example when, under similar circumstances, the courts also did not reveal unfair behavior.
Document: Definition of the Armed Forces of the Russian Federation of 28.03.2022 N 302-ES22-1755