Rosreestr plans to compensate Rostelecom for a malfunction in the data center, resulting in a queue of 180,000 unprocessed requests. Failure should not affect the status of the company as the sole contractor of the state: there is no alternative
Maxim Oreshkin
More than 180,000 applications could not be processed by the Federal State Registration Service, Land Registry and Cartography (Rosreestr) as a result of a crash that took place on 19 August and was caused by an accident at the data processing center rented from Rostelecom. This is stated in the letter from the Minister of Economic Development Maxim Oreshkin, addressed to Deputy Prime Minister Maxim Akimov. A copy of the letter is from RBC, its authenticity is confirmed by the press secretary of Maxim Akimov, Aliya Samigullina.
The letter also states that Rosreestr has decided to transfer to the system of maintaining the Unified State Real Estate Register (EGRN) in 34 regions (currently the system is implemented in 49 regions) from and to apply sanctions for the State operator that is not appropriate to fulfill its duties under the State contract. As noted in the letter, the special feature of the system is the centralized storage and processing of data. Rostelecom, which offers these services on the basis of a contract with a value of 599.97 million rubles, has promised to offer a fail-safe infrastructure (servers, data warehouses, operating systems) and to guarantee the availability of computer sources and storage facilities. Problems arising from serious incidents must be addressed within a maximum of 4 hours.
According to Aliya Samigullina, Rosreestr, together with Rostelecom, was instructed to "take the necessary measures as soon as possible to ensure the continuous operation of EGRN." In addition, the Ministry of Economic Development and Trade must check the maintenance of the system before the end of September. including determining the reasons for failure, "she noted.
The representative of the press service of Rosreestr said that "at the moment, problems with punishment are not being discussed", and that the agency together with Rostelecom "works around the clock to eliminate the consequences of the accident".
"The company's specialists do everything they can to prevent such situations in the future," noted the Rostelecom representative. Comment on the possible fines, as well as the exact timing of the elimination of the impact of the accident in the company refused.
A representative from the Ministry of Economic Development did not respond to RBC's request.
Contract failed
On 19 August, an accident in the data center of Rostelecom resulted in a failure in the data storage system, as a result of which all servers of the EGRN system were completely stopped. As stated in the letter, the failure lasted 66 hours. However, the normal operation of the system has not yet been renewed, it will take two to three weeks to fully recover, according to Rosreestr experts.
On August 22, Rosreestr reported that it had restored the EGRN's operability, "but in connection with the amount of requests received for receiving Roséestra's public services, it may be possible to extend the terms of their facility."
August 28th Rosreestr published a new message, indicating that despite the measures taken, the full capacity of the system has not yet been restored. If a new date of recovery of the system was indicated on August 31.
Waiting in line
Although access to the system was not available, the employees of the "My Documents" offices were "difficult" to accept applications for the provision of public services. "In the system, a queue of more than 180,000 applications was sent to obtain Rosreestr's state service, which in turn violates the time limits for the provision of Rosreestr's state services set by the law of Russia," Oreshkina in a letter.
As Kommersant wrote earlier, due to a breakdown, real estate transactions were frozen in 50 regions of the country.
According to Aleksey Makarov, CEO of Successful Practice, a developer of the SmartDeal real estate automation platform, whose customers also experienced delays in the Rosreestr system, the agency and Rostelecom have now created backup storage and have started processing applications that have been filed since the 19th day of the request. "According to our customers and the control system of our service, the situation really started to improve and the processing time for processing the request for EGRN information in electronic form was reduced from 3 days to 18-26 hours. their average statistical values and for most regions & # 39; s not more than five days, "he said.
The chance that Rosrekest will recover from Rostelecom's compensation for a failure in its work will depend both on the terms of the contract and on whether the operator will be able to prove the absence of fault in the incident, said the head of commercial practice at the law firm BMS Law Firm Denis Frolov. "It should be borne in mind that contracts contain the conditions when a party is not liable for non-compliance or unreasonable fulfillment of obligations that have not arisen through its fault (the concept of force majeure, which in the Civil Code of the Russian Federation stands), "he added. Those who have passed a system malfunction can reclaim losses from Rosreestr, "if it is determined that the accident that caused the data center to fail has been caused by guilty actions (intent or negligence)," added a lawyer from the Bar Association "Yukov and partners "Margarita Zakharova.
A unique artist
"Rostelecom" is the sole performer of the work on the functioning of e-government and the project to eliminate digital inequality, in the context of which it connects to internet collections with 250-500 inhabitants. In addition, Rostelecom is the only executor of the project that connects medical institutions to the Internet and is the only provider of communication services for federal executive agencies.
It is almost impossible to completely replace Rostelecom as a government contract executor, because the operator has the necessary experience and a strong infrastructure that other market parties do not have, says Sergei Libin, senior telecommunications and media analyst at Raiffeisenbank. Partially replace "Rostelecom", he said, "MegaFon", which for example successfully communicated at the World Cup in 2018. "I am not sure whether an accident, albeit seriously, had a major impact on Rostelecom's reputation, and it is unlikely that the state will leave the contractor's services, but I do not exclude that in future contacts the compensation conditions will be further detailed. be described when such accidents occur, "said Sergei Libin.
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