The state contract was terminated by agreement of the parties — the Armed Forces of the Russian Federation did not allow to collect a penalty for delay
The contractor performed part of the work in violation of the deadline. The customer accrued penalties, and the parties terminated the contract by agreement.
The customer demanded to recover the penalty in court, since the contractor did not pay it. Three instances refused him:
in the agreement on termination of the contract, the parties established that partially completed works were accepted and paid in full without claims;
there are no sanctions against the contractor in the acceptance document. The final amount of payment was indicated in it without deduction of penalties;
the customer did not demand a penalty either upon acceptance, payment, or termination of the contract.
The Supreme Court of the Russian Federation did not reconsider the case.
In practice, there is an example when, under similar circumstances, the customer was able to recover a penalty after the termination of the contract by agreement of the parties.
Document: Definition of the Armed Forces of the Russian Federation of 18.04.2022 N 305-ES22-4253