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To Muratov D.A.
Editor in chief
“Novaya Gazeta”
101990, Moscow, Potapovsky per., 3

From: Law firm “Ivanyan and partners”, lawyers of “Gunvor” company of T. Tornqvist and G.N. Timchenko

Subject: Publication in “Novaya gazeta” dated 24.08.09 and letters addressed to T. Tornqvist and G.N. Timchenko dated 11.08.09 and 31.08.09.

September 4th, 2009.

Dear Dmitry Andreyevich,

1. Around August 11 this year the editor’s office of “Novaya Gazeta” sent to the “Gunvor” company a letter with questions addressed to T. Tornqvist and G.N. Timchenko concerning their property, working and personal life (hereinafter “letter dated 11.08”). This letter was left without answer, after which in “Novaya Gazeta” on August 24 an article entitled “Oil trader of “clear water”” was published, it was mostly devoted to G.N. Timchenko (hereinafter “publication dated 24.08”).

2. Around August 31 this year from your editor’s office another letter was sent to the “Gunvor” company with new questions to G.N. Timchenko mostly concerning his alleged working connections (hereinafter “letter dated 31.08”).

3. We have thoroughly studied your letters and the publication dated 24.08 and we believe that the main part of information you used is incorrect or was acquired illegally, in particular, with violation of the existing foreign and Russian Law on commercial or other protected secrets.

4. We believe that the publication dated 24.08 violates the rights of our clients, in particular their right that the data published about them in the mass media
— should be correct (Art. 46 par. 1; art. 49 item 2); art. 51 par. 1 of the Law on mass media1);
— should not provide information about commercial and other legally protected secrets, in the absence of the explicitly expressed consent of the person in whose interest the conditions of secrecy operate (art. 1 part 1 and part 3 and art. 46 part 1 of the Law on mass media taken with art. 47 part 1 item 5) and art. 40 part 1 of the Law on mass media; art 4 part 4 and art. 3 part 1 item 2 of the Law on commercial secrets2; art. 23 part 1 of the Russian Constitution and item 1 of the List of information of confidential character3);
— should not provide information about the private life of the citizen in the absence of his explicitly expressed consent (art. 49 item 5 of the Law on mass media);
— should not discredit the honour, dignity and business reputation of the person without reliable grounds (art. 43 part 1 of the Law on mass media; art. 152 item 1,2 of the Russian Civil code4);
— should not violate other legal rights and interests of the person regarding whom the information is provided in the publication (art. 4 part 3 and art. 46 part 1 of the Law on mass media; art. 152 item 3 of the Russian Civil code; art. 3 part 1 item 1, art. 5 part 1 item 4 and art. 14 part 1 of the Law on personal data5).

5. We reserve to ourselves the right to turn to the corresponding juridical and administrative state bodies for protection of the indicated and other rights and interests of our clients (including those based on foreign legislation).

6. The operative laws in a number of cases voids the legal responsibility of the editor’s office and the journalists who prepared the publication for violation of rights of citizens and legal persons (in respect of the Russian legislation those are in particular indicated in art. 18 part 1 or art. 57 of the Law on mass media).

For the reason of economising on the money and time of our clients, and also those of your editor’s office and journalists we would like to find out if there are circumstances excluding the responsibility of your editor’s office and journalists, before we begin the corresponding legal procedures.

In this connection we ask you within seven working days to inform us:

— Whether the publication dated 24.08 was ordered by the founder of “Novaya Gazeta” on the basis of art. 18 of the Law on mass media;

— About the sources which provided data about T. Tornqvist and G.N. Timchenko, about their working and personal life, and also about the life of G.N. Timchenko’s family members, that were not indicated in the publication dated 24.08 but used during its preparation, including names and contact data of persons who provided the corresponding data;

— What journalists besides R.Yu. Shleinov were preparing the publication dated 24.08.;

— About the measures taken by the journalists of your editor’s office and (or) other employees of the editor’s office during the preparation of the publication dated 24.08, for data-check verification of the information and the legality of their usage; in particular, of the information regarding the foreign companies indicated in the publication dated 24.08.;

— Whether the editor in chief in accordance with art. 49 item 7 of the Law on mass media was made aware of the possibility that requests or claims could be submitted before the publication dated 24.08. was published;

— Whether your editor’s office believes there are any circumstances that in case of argument could be regarded as grounds for voiding the responsibility of the editor’s office, the editor and the journalists of “Novaya Gazeta” in accordance with art. 57 of the Law on mass media (for example, answers received to queries and similar).

Also within seven working days we ask you to provide us with copies of all documents used during the preparation of the publication dated 24.08, and a copy of the Statute of the editor’s office of “Novaya Gazeta” in the part where it does not contain information that constitutes a commercial secret.

7. We use the case to inform you that our clients reserve the right to resort in foreign countries and in Russia for compensation of losses inflicted by your possible refusal to provide the information and documents indicated in item 6, and also for judicial and other legal procedures that may follow such a refusal.

8. This letter in the part of requests indicated in the above item 6 is a query provided by art. 6 part 1 item 3 of the Law on advocacy6.

In accordance with art. 6 part 1 item 3 of the Law on advocacy answering the legal query is compulsory.

Sincerely yours,

Kh.V. Ivanyan (signed)

lawyer

Moscow, Russian Federation.
Septhember the fourth, year two thousand and nine.
Handover of application in accordance with art. 86 of the Fundamentals of legislation of the Russian Federation “On practice of law”.

Registered in the register under No. 5N-3543
Charged by tariff Rb. 100 + Rb. 5000
Interim notary (signed) (sealed: Notary of the city of Moscow Chernyavsky O.V.)

—————————————–
1 Russian Law “On mass media” dated 27.12.1991 No. 2124-1 (hereinafter – the Law on mass media).
2 Federal Law “On commercial secrets” dated 29.07.2004 No. 98-FZ (hereinafter – the Law on commercial secrets).
3 Adopted by the Russian President’s Decree dated 06.03.1997 No. 188 “On adoption of the List of information of confidential character”.
4 “Civil code of the Russian Federation (part one)”, enacted by the Federal Law dated 30.11.1994 No. 51-FZ (hereinafter – the Russian Civil code).
5 Federal Law “On personal data” dated 27.07.2006 No. 152-FZ (hereinafter – the Law on personal data).
6 Federal Law “On advocacy and practice of law in the Russian Federation” dated 31.05.2002 No. 63-FZ (hereinafter – the Law on advocacy).

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