RESOLUTION OF THE MINISTRY OF ANTI-MONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS

of April 6, 2018 No. 20

About procedure for price regulation (rates) for goods (works, services) organizations monopolists

Based on the paragraph of the fourth of part two of article 11 of the Law of the Republic of Belarus of May 10, 1999 "About pricing" and subitem 2.1 of Item 2 of the Presidential decree of the Republic of Belarus of February 25, 2011 No. 72 "About some questions of price regulation (rates) in the Republic of Belarus" the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES: No. 255-Z

1. Approve the Instruction about procedure for price regulation (rates) for goods (works, services) the legal entities and individual entrepreneurs included in the State register of the business entities holding dominant position in the goods markets of the Republic of Belarus (republican and local levels), and (or) the State register of subjects of natural monopolies (is attached).

2. This resolution becomes effective in month after its official publication.

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of June 6, 2018 No. 20

The instruction about procedure for price regulation (rates) for goods (works, services) the legal entities and individual entrepreneurs included in the State register of the business entities holding dominant position in the goods markets of the Republic of Belarus (republican and local levels) and (or) the State register of subjects of natural monopolies

1. This Instruction establishes procedure for regulation by the Ministry of anti-monopoly regulation and trade of the prices (rates) for goods (works, services):

made and (or) implemented (carried out, rendered) in the territory of the Republic of Belarus the legal entities and individual entrepreneurs included in the State register of the business entities holding dominant position in the goods markets of the Republic of Belarus (republican and local levels) (further, unless otherwise specified, – the subjects holding dominant position), – based on the Presidential decree of the Republic of Belarus of February 25, 2011 No. 72;

the legal entities and individual entrepreneurs holding monopsonichesky position and included in the State register of the business entities holding dominant position in the goods markets of the Republic of Belarus (republican and local levels) acquired in the territory of the Republic of Belarus (further, unless otherwise specified, – the subjects holding monopsonichesky position), – based on the Presidential decree of the Republic of Belarus of February 25, 2011 No. 72;

the Republic of Belarus rendered on the territories the legal entities and individual entrepreneurs rendering the services relating to the sphere of natural monopolies, included in the State register of subjects of natural monopolies (further, unless otherwise specified, – subjects of natural monopolies), – based on the Law of the Republic of Belarus of December 16, 2002 No. 162-Z "About natural monopolies".

This Instruction is applied if other price regulation (rates) is not established by legal acts and resolutions of Council of Ministers of the Republic of Belarus.

2. The specific method of price regulation (rates) is established by the Ministry of anti-monopoly regulation and trade according to legal acts proceeding from state interests and the developing social and economic situation in the Republic of Belarus.

3. For the purposes of this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus "About pricing" and the Law of the Republic of Belarus of December 12, 2013 No. 94-Z "About counteraction of monopolistic activities and development of the competition" and also the following terms and their determinations are used:

the producer – the legal entity or the individual entrepreneur performing production of goods, performance of works, rendering services or being owners of the goods made according to the works agreement;

the importer – the legal entity or the individual entrepreneur performing commodity importation on the territory of the Republic of Belarus for its further realization;

the wholesale allowance – the allowance to selling price applied by the legal entity or the individual entrepreneur when implementing wholesale trade by goods concerning which it or it is not producer (importer);

selling price – the price established by the producer on made (including made according to the works agreement) goods, and also the importer on the goods for its further realization imported by it into the Republic of Belarus;

the trade allowance – the allowance to selling price applied by the legal entity or the individual entrepreneur when implementing retail trade;

retail price – the price established on goods, held for sale to physical persons for the private, family, house or other consumption which is not connected with business activity and also in the cases permitted by the legislation – to legal entities, individual entrepreneurs;

new goods (works, services) – the goods (the works, services) made (executed, rendered) for the first time or differing from made by the improved properties or characteristics and receiving new designation;

the organizations monopolists – the legal entities and individual entrepreneurs included in the State register of the business entities holding dominant position in the goods markets of the Republic of Belarus (republican and local levels) including holding monopsonichesky position and included in the specified Register and also the legal entities and individual entrepreneurs included in the State register of subjects of natural monopolies;

the price (rate) of purchase – the price (rate) established by the subject holding monopsonichesky position on the goods (work, service) acquired by it;

packing of goods – placement (packing and sealing) with preliminary or simultaneous dosing in packaging or packaging material which is made in the absence of the buyer at the same time content of packaging cannot be changed without its opening or deformation, and the weight, amount, length, the area or other sizes specifying quantity of the goods containing in packaging are designated on packaging.

4. Selling prices (rates) for the made goods (the performed works, the rendered services) are established by the organizations monopolists on the basis of planned costs (cost) for production and sales of goods (works, services), taxes and other obligatory payments established by the legislation arrived, taking into account market situation and the restrictions set according to the legislation.

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