“Tulobluks” requires from the RPK “VSK” 48.6 million for the cryoreservoir of the oncology center

The trials around the "flagship" cancer center in Tula do not think to end. If before "MK in Tula" covered the processes that concerned the correction of building defects in the buildings of the oncology center, the cryoreservoir began to appear in the documents for the first time.

Breakdown of contract

His claim to the Arbitration court of the Tula region SUKS “Tulobluks” to the PPC “VSK” filed on December 17, 2024. The plaintiff was going to recover from the defendant 48.6 million rubles for the failure of the contract for the supply of equipment for the cryobank.

Third parties in the process were involved in the Tula Regional Clinical Oncological Dispensary (TOKOD), Irvin LLC, Zapsibgazprom-gasification LLC, Kryogazservice LLC, the All-Russian Research and Testing Institute of Medical Equipment, the Federal Service for Surveillance in Healthcare, Giprozdrav JSC-Scientific and Project Center for Health and Recreation Objects.

As it turned out, the contractor did not supply the equipment for cryo-storage (CRYOBANK) for storing biological materials (stem cells, blood, tissues, etc.) in liquid nitrogen. In particular, the contract documents mentioned: cryobiological freezers (cryo storage) MVE performed by MVE HEco Series manufactured by MVE Biological Solutions US, LLC (USA): a model MVE HEco 1536P-190 (complete with a backup battery) - 2 units; b) model MVE HEco 815P-190 (complete with a backup battery) - 2 units.

In addition, as part of the execution of the contract, VSK was to supply TEC3000 controllers, inventory systems for storing cryopackets, cryogenic hoses, a software freezer, a personnel protection kit, CHART vessels connecting the pipeline, other accessories in the CRYOBANK system (KRK resource code) and other equipment.

The customer in July 2024 refused to execute the contract unilaterally, and on August 9, 2024 the contract was terminated. Unfulfilled work was estimated at about 88.5 million rubles.

Multiple processes

For its part, the PPC “VSK” objected to the satisfaction of the claim. The company referred to counter-performance by the customer (including problems with working documentation), the inability to supply imported equipment due to sanctions, changes in logistics chains and the lack of registration of alternative systems. The contractor asked to write off the penalty according to the rules of the Government Decree No. 783 and reduce its size on the basis of Article 333 of the Civil Code of the Russian Federation. A similar position was supported by third parties involved - subcontractors and equipment suppliers.

The arbitration court of the Tula region rejected all these arguments. The court found the fact of improper fulfillment of obligations for the supply of cryobank equipment and violation of terms.

The judge also did not accept references to sanctions and force majeure: the introduction of restrictive measures was not recognized as irresistible force, and there was no evidence of complete impossibility to fulfill obligations (including documents on the termination of supplies) in the case. The contractor sent a proposal to exclude the equipment from the contract after the expiration of the work deadline.

On this decision, the PPC “VSK” immediately filed an appeal. However, the Twentieth Arbitration Court of Appeal on May 28, 2026, having considered the arguments of the parties, left the decision of the first instance unchanged. Nevertheless, VSK filed a cassation appeal to the Arbitration Court of the Central District in Kaluga. This trial has not yet been completed.

Recall, as previously wrote “MK in Tula”, only since September 2024, SUKS “Tulobluks” participated in 4 lawsuits with PPK “VSK”. All of them to one degree or another concerned the construction of new buildings of the oncology clinic in Tula in 2021-2023 for 5.4 billion rubles, the correction of numerous defects and the recovery of multimillion-dollar penalties.

In March 2025, the court for the recovery of a penalty in the amount of 137 million rubles was completed between SUKS "Tulobluks" and PPK "VSK". The customer insisted on the recovery of penalties and penalties, since all work at the facility had to be completed on December 15, 2022. However, the contract between the parties was terminated by agreement of the parties only on February 15, 2024. The penalty was denied.

Two other lawsuits between the customer and the contractor concerned the correction of dozens of building defects that were discovered after the operation of the hulls, as well as malfunctions in the installed equipment.

In February and April 2025, the Arbitration Court of the Tula Region ruled that VSK was obliged to eliminate all violations within two months. The contractor also filed appeals against these decisions, but the higher courts upheld these decisions.

MK in Tula is monitoring developments.