Open letter addressed to the President of the Republic of Moldova, Mrs. Maia Sandu, the Speaker of the Parliament of the Republic of Moldova, Mr. Igor Grosu and the Prime Minister of the Republic of Moldova, Mr. Dorin Recean: 

Dear top leaders of the Republic of Moldova!

I have decided to address this open letter to you as a Romanian investor operating in the Republic of Moldova. Our company “WIN CAPITAL” SRL has a partnership withthe local company “INAMSTRO” SRL, both companies being co-owners of the real estate with cadastral no. 0100517.101.02, located in Chisinau, bd. Stefan cel Mare si Sfant, 169.The construction is located on the land with cadastral no. 0100517.101 – public state property.

From the outset, we would like to point out that the purchased property is partially occupied, abusively, by the CRCT“ARTICO”. At the moment CRCT “ARTICO” manages and uses both the immovable property with cadastral no. 0100517.101.01 and a portion of the immovable property with cadastral no. 0100517.101.02. Moreover, the immovable property with cadastral no. 0100517.101.02 belonging to SC “INAMSTRO” SRL and “WIN CAPITAL” SRL, together with the immovable property with cadastral no. 0100517.101.01, is located on the same land, which is public property, and there is no demarcation of that land, and the CRCT,ARTICO” îl gestionează în întregime.

On November 30, 2022, our partner in the Republic of Moldova requested the Public Property Agency to give its prior consent for the elaboration of the feasibility study onthe land related to the real estate private property – the unfinished construction with cadastral no. 0100517.101.02, located on the land with cadastral no. 0100517.101, which is public property of the state.

On March 10, 2023, the Public Property Agency sent a letter informing that on April 9, 2021, the consent to the preparation of geometric plans of the land related to the building of the private property requested for lease with an area of 0.472 ha was issued. At the same time, the Agency’s reply stated that the issuance of the consent for the preparation of another feasibility study is not necessary, and the approved documentation is to be re-worked in the aspect of substitution of the owner and submitted to the Agency.

In compliance with the aforementioned requirements of the APA, on November I, 2023, we addressed to the Agency with the request for the coordination of the Study on the systematization of the land systematization of the real estate withcadastral no. 0100517.101.02 elaborated by ÎMP “Chisinauproiect” Ltd. The application was submittedin the context of the JPA’s earlier agreement in this respect to accept the coordination of the feasibility study and the need to submit it for coordination with an indication of the new elementsco-owners, given the change of owners. Area of land for servicingof the real estate was the one indicated by the Agency – 0.472 ha.

Although we complied fully with the request received from the Agency, we did not receive the coordinated and approved study. The major puzzlement is that the Agency’s denial expressed by letter dated December 1, 2023 contains objections and conditionalities that are not related to the building ownersnor can they be removed by us. Thus, the refusal indicates that the systematization of the land can be carried out after a comprehensive study of the entire land with cadastral no. 0100517.101.

We consider that this is a matter for the land manager and not for “INAMSTRO” SRL or SC “WIN CAPITAL” SRL. With regret, almost 2 years have passed sinceinvoking the need for a comprehensive study and APP has not even commissioned such a study to date and has no plans to do so.

Thus, at the moment, we, as co-owners, cannot obtain the necessary documentation for the delimitation and valorization of the mentioned real estate, or the public authorities of the Republic of Moldova, in particular the Public Property Agency, refuses in any way to fulfill its obligations as an authority and in a brazen manner disregards the legislation in force, seriously violates the right of ownership, refusing to resolve our demands.

We also note that our partner from the Republic of Moldova has sent several letters to the CRCT “ARTICO” in order to clarify all the circumstances on this issue and to reach a consensus, but “ARTICO” has rejected all proposals and refused to participate in a meeting on this subject.

Also, we reiterate that our partner from the Republic of Moldova has submitted several requests to the Public Property Agency in order to obtain consent for the elaboration of the feasibility study on the land related to the real estate property that is our private property. Both the “ARTICO” CRCT and the Public Property Agency have refused to comply with the requests and have given evasive and unjustified answers, instead of trying to solve the existing problem.

Moreover, on May 5, 2023, our partner from the Republic of Moldova received a letter from the Ministry of Education and Research informing that the Ministry had examined its letter on organizing a meeting on this issue, but did not follow up on our request. At the same time, the Ministry prohibited any initiative to initiate the demolition of the building with cadastral no. 0100517.101.02, which is a clear abuse, as an economic agent was prohibited from capitalizing its own real estate.

In another vein of ideas, it should be noted that the legislation of the Republic of Moldova establishes that the owner of the building on state land must pay a fee for the surface, even if he does not have a signed contract in this regard. For a year now, we have been asking the APP in writing to send us the bill for the surface area, and they are not doing so. In this way, the state budget is also being harmed by missing out on the payments laid down by law.

Both we, as Romanian investors, and our partner from the Republic of Moldova, are puzzled by the actions of the Public Property Agency, CRCT “ARTICO” and the Ministry of Education and Research of the Republic of Moldova. We do not understand why they do not want to resolve the situation amicably and legally. The damage incurred by us is in the order of millions of euros and we will be forced to claim compensation for our losses from the state.

In this situation, esteemed top leadership of the Republic of Moldova, we come with a public appeal to you to intervene, within the limits of your legal competences, and to get involved in solving a problem that has arisen on an empty spot. We are convinced that resolving this problem will be a positive signal to other potential investors, including from Romania, and will prove once again the commitment of the leadership of the Republic of Moldova to an attractive and fair business and investment environment.

With respect,

Management SC “WIN CAPITAL” SRL