The Russian children’s and youth movement LLC “Movement of the First” filed a lawsuit with the Moscow Arbitration Court against the developer of 3D models VGT LLC (WGT) in the amount of almost 47 million rubles. This follows from the materials of the electronic court file, noted RB.RU. Apparently, the dispute arose over the quality of the works for the Russian exhibition. At the time of publication, neither WGT, the First Movement, nor the Skolkovo Foundation responded to the publication’s requests.
In December 2021, the First Movement and WGT signed an agreement to develop a website for 60 million rubles. Most likely, it was about creating graphics for the “Russia” exhibition and forum. The process was divided into several stages and the finished project was due to be delivered by the end of 2022.
However, the work was not completed within the agreed deadlines or was of inadequate quality; the plaintiff demanded that all deficiencies be remedied. The developers did not correct the error, so the First Movement went to court in April 2023 to collect a fine of the entire contract amount and penalties for each unfulfilled stage – 686.2 thousand rubles.
VGT LLC paid the fines before trial, but the First Movement considered them insufficient and filed an appeal. But on September 15, 2023, the court of first instance and appeal dismissed the complaint: the fine cannot be reassessed, since it had already been paid by the defendant.
Three days after the appeal court’s decision to reject the first claim, First Movement filed a new debt collection claim in the amount of 46.9 million rubles against VGT LLC.
Lawyer and mediator Kristina Sergazieva suggested that the new dispute could again concern the violation of the schedule for the fulfillment of VGT LLC’s obligations at the “Rossiya” exhibition, or that the contract was fulfilled with significant deficiencies. This time, the “First Move” may be prevented from winning the case due to lack of evidence, and also if the defendant proves that the violation of the contract was not the fault of the company, but due to force majeure.
“Most likely, this time VGT LLC violated the terms of the contract, only Dvizheniye Pervyh LLC did not wait for the fulfillment of obligations and set new deadlines for fulfillment, since this is not the first time this violation has occurred and trust between partners have been lost,” he added.
In such cases, judges take into account the legality of the claims and, when making a decision or determination, rely on the case materials provided by the parties and the regulatory laws of the Russian Federation, says lawyer Zara Gorbushina .
He noted that in such cases, most of the time the plaintiff exceeds his rights and does not comply with the terms of the contract regarding sanctions and, therefore, may lose the dispute. And the repeated collection of a fine can be considered unjust enrichment.
In 2022, the Russian children and youth movement “Movement of the First” was created. The association’s operating expenses amount to 4 billion rubles per year. The organization’s budget is approximately 19 billion rubles, of which about 10 billion rubles are funds for the regions. In the middle of last autumn, the organization, according to its own data, united 3.5 million Russian youth, while the RuTube channel “Movement of the First” had only 140 subscribers, the number of views is hidden.
On November 4, 2023, the international exhibition and forum “Russia” opened in Moscow, in which 89 regions, departments, corporations and public organizations participated. The “First Movement” and the “Russia – Land of Opportunities” platform organized a joint pavilion. It consists of seven rooms dedicated to famous Russians, the nature of Russia and various fields of science. A voice-over and 3D figures of these people coming to life on screens tell visitors about famous scientists, poets and composers.
The exhibition will be open until April 12, 2024.
Author:
Karina Pardaeva
Source: RB

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