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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

(as amended on 21-05-2021)

Based on subitem 2.1 of Item 2 of the Presidential decree of the Republic of Belarus of February 25, 2011 "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. 72

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.

Minister

V. V. Koltovich

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) 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) in the State register of subjects of natural monopolies (further - the organizations monopolists).

2. The ministry of anti-monopoly regulation and trade within the powers conferred to it by the legislation performs price regulation (rates) for the goods (the works, services) made and (or) realized (which are 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 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".

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 of May 10, 1999 No. 255-Z "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.

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.

Planned costs (cost) are determined by the organizations monopolists independently proceeding from the accepted accounting policy including questions of pricing taking into account industry recommendations about planning, accounting and calculation of cost of goods (works, services), and also regulatory legal acts concerning forming of costs on the basis of the separate cost accounting by each goods item on which they are 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.

In the absence of the separate cost accounting by types of goods (works, services) of costs are distributed according to accounting policy.

Costs are calculated on regulations (standard rates) approved by the organization monopolist independently if other is not established by the legislation.

5. Selling prices on the goods imported into the Republic of Belarus intended for further sale in the territory of the Republic of Belarus are established by the subjects holding dominant position proceeding from contract prices, expenses on import (customs payments, cargo insurance, percent on the credits (loans, guarantees), transportation expenses, other expenses according to the legislation), taking into account the allowance which level shall not exceed 30 percent.

The contract prices established in foreign currency are recalculated on the official rate of National Bank for date of price fixation.

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