OPEN LETTER
Appeal to the President of Russia
Dear Mr. President of Russia,
I am a citizen of Russia, Nikitin
Konstantin Alekseevich, I live in the city of St. Petersburg and am a Russian
investor in the Republic of Kazakhstan. In 2006, being a citizen of Kazakhstan,
I acquired shares of “Almatyteplokommunenergo”, in 2008 I became a citizen of
Russia and re-registered my rights to an investor, a citizen of Russia, with an
independent registrar, an extract from the register of shareholders indicating
me as a Russian investor was repeatedly provided by me. My rights as a Russian
investor began to be violated in 2010 and continue to be violated to this day,
February 2025, my share in the company's equity capital was illegally reduced
by the Government of Kazakhstan by more than 160 times in absolute value . In response to my
attempt to have the case heard in an international arbitration court, the
Government of Kazakhstan stated that I have no right to apply the Agreement
between the Russian Federation and the Republic of Kazakhstan on the Promotion
and Mutual Protection of Investments (hereinafter referred to as the
Agreement), since I acquired the shares while being a citizen of Kazakhstan,
ignoring the fact that I re-registered them and am a Russian investor. Since
2011, I have been unsuccessfully trying to get the Government of the Russian
Federation to agree on the differences in the application of the Agreement in
accordance with its Article 11, since application issues can only be resolved
by the Governments of the countries participating in the Agreement and,
accordingly, cannot be heard in an arbitration court with me.
I am forced to address you with an open
letter, since my repeated appeals to you to protect my constitutional rights
(with the sole purpose of having the opportunity for a fair trial) are
considered unfounded by the employees of your Administration. Thus, from letter
No. A26-02-89333791 of October 10, 2014, it followed that I have no right to
apply the Agreement and, as a consequence, to participate in the court and
apply the Agreement as an arbitration clause. The request to withdraw the
letter and challenge it in the courts of the Russian Federation were
unsuccessful and it took me years to get your administration to indirectly
recognize my right to apply the said Agreement and similar provisions of the
Treaty on the Eurasian Economic Union (hereinafter the Treaty on the EAEU).
The fairness of my claims for the right
to apply the Agreement and the Treaty on the EAEU is currently recognized by
all competent experts of all the Ministries of the Russian Federation, experts
of the Eurasian Economic Commission, scanned copies are attached. The problem
is that no one currently has the authority to initiate negotiations to resolve
disagreements in the application of the Agreement and the Treaty on the EAEU.
The disagreements regarding the possibility of my application of the Agreement
between the Government of Russia and the Government of Kazakhstan have been
confirmed by the documents I have repeatedly submitted, scanned copies are
attached. On their basis, the Ministry of Economic Development of the Russian
Federation was preparing to initiate negotiations with the Government of
Kazakhstan to resolve the disagreements regarding the application of Agreement
No. OG-D11-4136 dated 17.07.2013 and No. DIIi-720 dated 24.09.2013, scanned
copies of confirmation of such preparation were provided by me to the
Administration of the President of Russia, but after the above-mentioned letter
with erroneous statements from the Administration of the President of Russia
No. A26-02-89333791 dated 10 October 2014, the Ministry of Economic Development
of Russia did not initiate negotiations with the Government of Kazakhstan.
Today, the Ministry of Economic Development of Russia claims that it currently
does not have the authority to initiate negotiations to resolve disagreements
with the Government of Kazakhstan in the application of the Agreement and the
Treaty on the EAEU.
The latest letter from your administration
No. A26-02-98180291 dated September 25, 2024 states: “It should be emphasized
that the basis for initiating negotiations under Article 112 of the Treaty,
which Nikitin K.A. writes about, is the existence of an interstate dispute over
the interpretation of an international treaty. At the same time, it does not
follow from the materials presented that there are any grounds to believe that
Russia and Kazakhstan understand any provisions of the Treaty or Agreement
differently. As a result, holding negotiations on the interpretation and
application of the Agreement or Treaty seems inappropriate.”
An erroneous and untrue statement by the Administration of the President
of the Russian Federation.
Firstly, the Agreement and the Treaty on the EAEU do not say "on
the issue of interpretation", but on the issue of interpretation and
(or) application.
Secondly, the Government of Kazakhstan claims that I do not have the right to apply the Agreement or the Treaty on the EAEU. Scanned copies were provided repeatedly and attached again. The Government of Russia (all experts) and the Eurasian Economic Commission believe that I have the right to apply the Agreement and the Treaty on the EAEU, scanned copies were provided repeatedly and attached again. Indirectly, the administration of the President of Russia also recognizes my right to apply the Agreement and the Treaty on the EAEU: "In addition, it has been repeatedly indicated that the applicant can seek protection of his rights in independent arbitration tribunals, the creation of which is provided for by both the Treaty and the Agreement." But how, if the Government of Kazakhstan does not recognize my right as a Russian investor to apply the Agreement and the Treaty on the EAEU, scanned copies are attached, and issues of interpretation and application are decided exclusively by the parties to the Agreement and the Treaty on the EAEU, that is, the Governments of the participating countries.
The final phrase in letter No. A26-02-98180291 dated September 25, 2024 of the Administration of the President of the Russian Federation: "As a consequence, holding negotiations on the interpretation and application of the Agreement or the Treaty seems inappropriate" - violates my rights as an investor under the Agreement and the Treaty on the EAEU, is a refusal to fulfill obligations to the investor, a citizen of Russia, under the Agreement and the Treaty on the EAEU, violates the fundamental articles of the Constitution of the Russian Federation.
Dear Mr. President of the Russian
Federation,
I ask you
to instruct your Administration, on your behalf, to give a clear, specific,
unambiguous answer on the merits to the following question:
Is it a necessary and sufficient condition for holding consultations and negotiations in accordance with Articles 11 of the Agreement and Article 112 of the Treaty on the EAEU, "disputes related to the interpretation and (or) application of the provisions of the Treaty are resolved through consultations and negotiations" if these disagreements in application concern a specific investor, an individual citizen of Russia?
I believe that a negative answer to this
question, namely: refusal to conduct such consultations in the event of
disagreements in the application of the Agreement and the Treaty on the EAEU,
concerning an individual investor, a citizen of Russia, is a violation of his
rights stipulated by Article 10 of the Agreement and Article 85 of the Treaty
on the EAEU, and a violation of his rights guaranteed by Articles 2, 8, 17, 18,
19, 35, 45, 46, 47 of the Constitution of Russia.
Appendix:
Scanned
copies are attached. Everything that is said above (the entire history of the
problem) is confirmed by documents and letters recorded for more than 13 years,
their scanned copies are freely available in a cloud folder, checked by an
antivirus program, at the address:
It is
permitted to copy and use the information.
Konstantin Nikitin
February 1, 2025
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