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STATEMENT OF CLAIM
On May 19, 1997 the trade mission of the Korean People’s Democratic Republic embassy in Khabarovsk on behalf of the Government of the KPDR, asked me, a citizen of the Russian Federation, to lend them money $US 1,500.
Having received the required sum the representative of the state KNDR gave me the written liability as the borrower’s receipt (obligatory bill). The borrower’s receipt specifies the terms of the loan, namely the liability of the government of the KPDR to pay one per cent of interest per each day of delay in case the money is not paid back within the time limits.
The aforementioned note was written and signed by the representatives of the commercial counselor for the embassy of the KPDR in the Russian Federation in Khabarovsk. They represent a branch of a department of the trade mission of the KPDR in the Russian Federation which legal status is adjusted by the Appendix to the Contract «On Trade and Navigation between the USSR and the KPDR» of June 22, of the year I960.
Under Article 2 of the Appendix, «The Trade mission is a part of the Embassy of its state» Thus, the trade mission represents the body of the state (the KPDR) and acts on its behalf.
The trade mission of the KPDR in the Russian Federation, endued with the diplomatic status, acted as intermediary between the KPDR and Russian citizen Oleynikov, V.B. in the case of money advance.
The aforementioned sum of money was borrowed by the state of the KPDR with the assistance of the North Korean diplomats for the term often days.
The applications with the request of payment back were written to the trade
mission in Khabarovsk, the embassy of the KPDR in Moscow and to the state of the KPDR. So far none of the applications sent was answered (copies of all the mail receipts are available and may be provided if necessary)
Attorney Voyakin, N.I. and Attorney Bureau «SOKOL» sent official inquiries but no response was given.
Under the laws of the Russian Federation I may bring the action against the officials of the embassy a foreign state only if the competent bodies of the given state have given their consent to do this.
Provided that the aforementioned borrower’s receipt was written in the name of the state of the KPDR, the state has the responsibility of repayment of this debt.
Protocol No 1
The Convention of Human Rights and Freedoms Paris, March 20, 1952.
Article 1
Each legal or physical entity has the right to use their property free. Nobody can be deprived of their property otherwise as in favor of society and on conditions stipulated by the law and the common principles of international law.
Article 35, the Constitution of the Russian Federation
Protocol No 11 (# 155), the Convention of Human Rights and Freedoms, Rome November 4, 1950 guarantees the right to fair proceeding.
As specified by the given guarantees of the Constitution and the Convention I have the right to appeal to my state requesting judicial protection of my state and demanding from my debtor to repay the debt following the terms of the borrower’s receipt written by the state of the KPDR.
By October 10, 2001, the day of the submission of the first application to official bodies, the sum of the debt including the interest of one percent for each delayed day was estimated as $US 12 307 390 643.6.
I AM ASKING THE COURT
To adjudicate the claim under agreement of the repayment of the debt by the state of the KPDR. lawful engagement and joint liability of the government the Russian Federation. Because the government of the Russian Federation has accepted credentials from the ambassadors of the KPDR and has endued them with diplomatic immunity, the government of the Russian Federation has simultaneously assumed the responsibility for all actions and acts of the given diplomats who are acting in the official status and on behalf of their state, against citizens of the Russian Federation.
I am also asking High Court
To make the debtors undertake the payment of the total sum of the debt with interest under the debt instruments of $US 12 307 390 643.6 to Mr. Oleinikov, Vladimir ?., ? citizen of the Russian Federation;
To make repayment of the debt to a citizen of the Russian Federation Mr. Oleinikov, Vladimir B. incumbent upon the state of the KPDR and the government of the Russian Federation, as it is specified in the borrower’s receipt written by the trade mission representatives on behalf of the state of the KPDR; and
To execute Article 239-6 of Code of the Civil Procedure of the Russian Federation.
The following documents are attached
1. The answer of the Ministry for Foreign Affairs of the Russian Federation, January
29, 2003;
2. Calculation of the total sum of the debt to Mr. Oleynikov, V.B.
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