Ships "Mistral": potential lawsuit and public opinion

Ships "Mistral": potential lawsuit and public opinion
Ships "Mistral": potential lawsuit and public opinion

Video: Ships "Mistral": potential lawsuit and public opinion

Video: Ships "Mistral": potential lawsuit and public opinion
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Last fall, France was to hand over to Russia the first of two ordered Mistral-class amphibious assault ships. The execution of this contract until a certain time went in full accordance with the established schedule, but later the situation changed. The French leadership decided not to hand over the ship on time, citing the desire to put pressure on Russia because of its position on the Ukrainian crisis. As a result, the ship has not yet been handed over to the customer, and there is simply no information regarding the timing of a possible transfer.

Over the past few months, official Paris has repeatedly stated that there are currently no grounds for transferring the ordered ships to Russia. The Russian side, in turn, continues to demand the transfer of the ship, although it is ready to consider the possibility of returning the money paid. This confrontation has been going on for several months, and it is not yet known when and how it will end.

On January 19, the Interfax news agency published some statements from an unnamed military diplomatic source. The source said that the existing agreement with France, if necessary, allows the transfer of the first ship to be extended by three months, i.e. until the end of January. In this regard, the Russian side was ready to wait for an official explanation from France until early February. Further, it was planned to start proceedings, including with the use of penalties in relation to an unscrupulous supplier.

The source of "Interfax" noted that the French position may become the basis for a claim in one of the international courts. The transfer of the ship is being delayed for political reasons, which does not fit into the terms of the existing contract and cannot be recognized as force majeure. In this case, Russia retains the right to litigation, the purpose of which will be to terminate the contract and return the funds paid.

It should be noted that on January 13 it became known that the Federal Service for Military-Technical Cooperation had sent an official request to the French Ministry of Defense. The foreign military was demanded to submit an official written response on the further fate of the contract being executed. On the basis of this answer, it is planned to build further plans. Several weeks have passed since the request was sent, but the French command still has not responded to it. When Paris will answer and explain its position is unknown.

In early February, the situation with the Mistral landing ships was commented on by the chairman of the Duma Defense Committee Vladimir Komoedov, who previously held the post of commander of the Black Sea Fleet. In his opinion, if France does not hand over the ordered ship in the near future, Russia will not be obliged to continue to comply with the terms of the contract. V. Komoedov believes that the Russian side will have to demand a refund of payment under the contract, as well as a fine for disrupting the performance of the contract. In addition, the deputy stressed that the ordered ships are not significant for the Russian Navy, since the contract was signed for political reasons.

The plans of the Russian Ministry of Defense do indeed include litigation with an unscrupulous supplier of equipment. Earlier, the head of the military department Sergei Shoigu said that during the first half of 2015, Moscow could file a lawsuit against Paris. It is planned to collect the money already transferred to the contractor, as well as compensation for non-fulfillment of the order within the specified time frame.

For the construction of two landing ships, ordered in 2011, Russia had to pay about 1.2 billion euros. Part of this amount has already been paid to the executor of the order. In the event of the termination of the contract, the French side must return the amounts paid to Russia. In addition, according to some information, the contract provides for a penalty for disrupting its implementation. The exact amount of the penalty is unknown. According to various estimates, the fine can range from one to 3-5 billion euros.

An interesting feature of the contract, discussed in the context of the termination of cooperation, is the approach to the construction of the hulls of the two ships. The stern parts of both "Mistrals" were built in Russia and docked to the rest of the units built in France. Earlier, it was repeatedly mentioned that in the event of a break in the contract, Russia may demand the return of these units. Such a requirement will only complicate France's position.

While the Russian Defense Ministry is trying to find out and clarify the position of official Paris, the French newspaper La Tribune decided to study the mood in society. For this, the French Institute of Public Opinion IFOP was commissioned to conduct a sociological study, during which 1001 people were interviewed in several regions of France.

The majority of respondents (64%) believe that France should transfer the ships to the customer. It is noteworthy that such an opinion dominates regardless of the political views of the survey participants. So, among the left, 66% agree with the continuation of the contract, and among the right - 71%.

According to French leaders, the new landing ship is not being handed over to Russia because of its position on the Ukrainian crisis. Thus, the Mistral-class ship is seen as a means by which it is planned to change the political situation around the conflict. However, the French population is not inclined to see such steps as an effective way out of the crisis. 75% of the respondents do not believe that the refusal to transfer the ships will help change the situation. IFOP employees note that this opinion is especially popular among citizens over 35 years old.

There is reason to believe that a large number of supporters of the transfer of ships is directly related to the possible negative consequences of the termination of the contract. According to IFOP, 77% of those surveyed believe that the refusal to transfer amphibious ships could cause a variety of problems. At the same time, 72% of the population believe that refusal to fulfill the contract will call into question other agreements on military-technical cooperation with foreign states. In particular, people are worried about the future of the agreement with India for the supply of Dassault Rafale fighters, negotiations on which have been going on for three years. 69% of the respondents also believe that breaking a contract with Russia can be useful to third countries competing with France in the arms and military equipment market. Finally, 56% see such a development of events as a blow to the reputation of the country as a whole.

The result is a very interesting situation. Russia demands to hand over the ordered landing ships or return the money, and also wants to receive an official clarification on the position of France. Official Paris, in turn, regularly makes various statements, but is in no hurry to respond to an official request from Moscow. At the same time, both parties understand what consequences the refusal of further cooperation and the termination of the contract can have. The French population also understands the possible consequences and for the most part is in favor of fulfilling contractual obligations.

Despite the obvious negative consequences, France still adheres to a strange position and is in no hurry to transfer the first of the built ships or even make official comments. Paris adheres to this position, not wanting to spoil relations with the United States, which have long been demanding that the contract be terminated. This situation has been going on for several months, but it should change in the foreseeable future. According to the Russian defense minister, Russia will wait only six months, after which it will file a lawsuit to terminate the contract, return the money already paid and pay compensation. This means that the French leadership has less and less time to determine its priorities and understand with which of the partners to maintain good relations and with whom to quarrel.

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