Annotation

In this article, the authors examine the court practice that developed in 2021-2025 regarding disputes over the recovery of penalties from sole suppliers who have concluded contracts under the state defense order for the improper fulfillment of their obligations to provide the state customer with materials that justify the estimated price of the contracts. Based on the court decisions examined, the authors conclude that the actual transformation of the incentive nature of the penalties established in state contracts for non-monetary obligations into a means of oppressing the economic interests of the main contractor.