Open letter Complaint to the President of the Russian Federation

 Open letter Complaint to the President of the Russian Federation

COMPLAINT

Dear Mr. President of Russia,

Unfortunately, your Administration has become the only obstacle preventing me from protecting my rights guaranteed to me as a citizen by the Constitution of the Russian Federation and, as a Russian investor, by 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) and the Treaty on the Eurasian Economic Union (hereinafter referred to as the Treaty on the EAEU).

The validity of my demands for the right to apply the Agreement and the Treaty on the EAEU is currently recognized by all competent experts of all Ministries of the Russian Federation, experts of the Eurasian Economic Commission, indirectly by employees of your Administration, and is not recognized only by the Government of Kazakhstan, supporting documents have been repeatedly presented and are contained in my cloud file, a link to which is given at the end.

The problem is that no one in the Government of the Russian Federation currently has the authority to initiate negotiations to resolve disagreements, in the case of a specific Russian investor, between the Government of Russia and the Government of Kazakhstan in the application of the Agreement and the Treaty on the EAEU (previously, such an attempt was made by the Ministry of Economic Development of Russia, the documents were provided repeatedly and are given in my cloud file, the link is given at the end).

Disagreements regarding the possibility of my application of the Agreement between the Government of Russia and the Government of Kazakhstan are confirmed by the documents I have repeatedly provided, scanned copies of the documents are contained in my cloud file, the link to it is at the end of the complaint.

Unlike the Russian side of the Agreement and the Treaty on the EAEU, the Kazakh side, on behalf of the Government of Kazakhstan, claims that I do not have the right to apply the Agreement, as in the Letter of the Ministry of Justice of the Republic of Kazakhstan No. 6-1-19 / and -73 dated 06.01. 2011 and No. 6-1-19/4671 dated 27.04.2011 verbatim states:

"Considering the fact that at the time of acquisition of shares of JSC Almatyteplokommunenergo you were a citizen of the Republic of Kazakhstan and permanently resided in the territory of the Republic of Kazakhstan, your investments cannot be defined as investments of an "investor" of one Contracting Party, carried out in the territory of the state of the other Contracting Party in accordance with the Agreement. Consequently, there are no grounds for applying the provisions of the Agreement and involving the Government of the Republic of Kazakhstan as a defendant in arbitration on the basis of Articles 7, 10 of the Agreement."

In addition, the representative on behalf of the Government of the Republic of Kazakhstan declared the lack of jurisdiction of the dispute to the composition of the arbitration court ref. No. MA/N-8/02 and ref. MA/N-8/04 dated November 12, 2011, verbatim as follows:

"2. According to Article 13 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Promotion and Mutual Protection of Investments (Moscow, July 6, 1998) - This Agreement shall apply to all investments made by investors of one Contracting Party in the territory of the state of the other Contracting Party starting from December 16, 1991, thus the application of the provisions of the Agreement would be possible if at the time of acquisition of shares of Almatyteplokommunenergo JSC Nikitin K.A. was a citizen of the Russian Federation;";

"This case is not subject to the jurisdiction of the arbitration court due to: a) the absence of contractual and other relations between Nikitin K.A. and the Government of the Republic of Kazakhstan and, accordingly, the absence of an arbitration clause; ….. further in the text…. c) Nikitin K. A. does not fall under the definition of "investor" set out in Article 1 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation "On the Promotion and Mutual Protection of Investments" (Moscow, July 6, 1998), ……hereinafter referred to in the text …… d) in accordance with Article 13 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation "On the Promotion and Mutual Protection of Investments" (Moscow, July 6, 1998) regulates relations that arose from December 16, 1991, and Nikitin K. A. at the time of acquisition of shares of JSC "Almatyteplokommunenergo" being a citizen of the Republic of Kazakhstan.

The above is a confirmation of the obvious fact that the Government of Kazakhstan insists that I have no right to apply the Agreement. The absurdity of the assertion of the Government of Kazakhstan in this case is obvious and contradicts the laws of Kazakhstan itself. The fact that I am a Russian investor and my rights were violated when I became a citizen of Russia and permanently resided in the city of St. Petersburg and, accordingly, have the right to apply the Agreement and the Treaty on the EAEU is beyond doubt and is recognized by all competent experts of all Ministries of the Russian Federation, experts of the Eurasian Economic Commission, and indirectly by employees of your Administration. Recognized by everyone except the Government of the Republic of Kazakhstan.

Thus, the existence of disagreements in the application of the Agreement and the OEAEU Treaty, in the case of a specific Russian investor, between the Government of the Russian Federation and the Government of the Republic of Kazakhstan is a fact and, in accordance with the Agreement, must be agreed upon through consultations and negotiations.

Based on the above, based on specific documents,

The statement in the latest letter of the Administration of the President of the Russian Federation No. A26-20–9670091 dated February 28, 20 25 is not true, verbatim:

“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 on the issue of 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.”

And accordingly, the conclusion from such a statement is erroneous, verbatim:

“As a consequence, holding negotiations on the interpretation and application of the Agreement or Treaty seems inappropriate.”

Dear Mr. President of Russia,

I assume that the reason why, for many years, the Government of Russia has not agreed on the differences in the application of the Agreement and the Treaty on the EAEU, and the employees of the Presidential Administration do not recognize the obvious fact of the existence of differences in their application is that they do not have such authority. Therefore, I ask that the employees of the Presidential Administration of Russia convey my Appeal to you registered No. 96700 dated January 31, 2025 to you personally. I ask that, on your behalf, the Presidential Administration of Russia 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 that "disputes related to the interpretation and (or) application of the provisions of the Treaty are resolved through consultations and negotiations" if these differences in application concern a specific investor, an individual citizen of Russia?

If the answer is positive, then I ask you to authorize the relevant government agency to initiate such consultations and negotiations.

Appendix:

Everything 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 scanned by an antivirus program at the address:

https://drive.google.com/drive/folders/0B1rFKH7cbOmZWUZtUlpYV0RDVHc?resourcekey=0-64-ziarPhx2GZbh7EWFs1Q

It is permitted to copy and use the information.

Konstantin Alekseevich Nikitin

April 9, 2025