of February 5, 1998 No. 3/1
About some questions of application of the Federal Law "About the Translated and Promissory Note"
For the purpose of ensuring the correct application by courts of law and Arbitration Courts of the Federal Law of 11.03.97 of N48-FZ "About the Translated and Promissory Note" and permission of the questions which arose in court practice, the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation decide to make the following explanations.
1. According to article 5 of the called Law according to the requirements based on protest of bills of exchange in the non-payment, the non-acceptance and not dating of the acceptance made by the notary concerning physical person, the legal entity or the individual entrepreneur the writ is issued and execution by the rules provided by Chapter 11.1 and the Section V of the Code of civil procedure RSFSR is made.
Statements for issue of the writ on debt collection on protested in non-payment, the non-acceptance (or not dating of the acceptance) to the bill of exchange are considered by courts of law irrespective of the subject list of participants of the bill obligation.
2. As consideration of the application about issue of the writ according to the requirements based on protest of bills of exchange in the non-payment, the non-acceptance and not dating of the acceptance made by the notary concerning physical person, the legal entity or the individual entrepreneur according to article 5 of the Federal law "About the Translated and Promissory Note" is referred to jurisdiction of courts of law, in case of submission of such statement in Arbitration Court the judge refuses adoption of this statement based on Item 1 of part 1 of Article 107 of the Arbitral Procedure Code of the Russian Federation as not subject to consideration in Arbitration Court.
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