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

of August 6, 2021 No. 55

About approval of the Instruction about procedure for establishment and use of regulated prices (rates)

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 No. 255-Z "About pricing" and subitem 6.49 of Item 6 of the Regulations on the Ministry of the anti-monopoly regulation and trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 6, 2016 No. 702, the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for establishment and use of regulated prices (rates) it (is applied).

2. This resolution becomes effective 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 August 6, 2021 No. 55

The instruction about procedure for establishment and use of regulated prices (rates)

Chapter 1. General provisions

1. This Instruction determines procedure for establishment and use of the prices (rates) for goods (works, services) regulated according to 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", to the Presidential decree of the Republic of Belarus of April 24, 2020 No. 143 "About support of economy".

The procedure for establishment and use of regulated prices (rates) determined by this Instruction is not method of price regulation (rates).

This Instruction is applied if other is not established by regulatory legal acts of the state bodies performing price regulation (rates) for goods (works, services) (further - the state bodies performing price regulation (rates).

2. Action of this Instruction extends on legal entities and the individual entrepreneurs enabling production and (or) sales of goods, performance of works, rendering services in the territory of the Republic of Belarus and also the individual entrepreneurs enabling sales of goods, performance of works, rendering services by delivery in the agreement in foreign trade do not extend on legal entities.

3. For the purposes of this Instruction terms in the values determined by the Law of the Republic of Belarus "About pricing" and also the following terms are used:

procurement organization - the legal entity having network of priyemozagotovitelny Items, conducting procurement, including in the rural zone, at the population, peasant farms and (or) agricultural producers of several types of products (crop production, livestock production, wild-growing and other products (raw materials)), the storage enabling it and (or) the realization keeping the departmental reporting under purchase and realization of agricultural products and raw materials;

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 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;

retail price - the price established on goods, held for sale to physical persons for the personal, family, home and other similar use which is not connected with business activity if other is not provided by legal acts;

the trade allowance - the allowance to selling price applied by the legal entity or the individual entrepreneur when implementing retail trade if other is not provided by this Instruction;

the subject of trade - the legal entity or the individual entrepreneur performing wholesale and (or) retail trade;

the sales price is the actual price applied according to price policy of the organization taking into account provision of discounts according to the approved procedure for application of discounts.

Chapter 2. Procedure for establishment (forming) for selling prices (rates)

4. Selling prices (rates) for goods (works, services) are determined by the producer 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 by the state bodies performing price regulation (rates). At the same time producers can implement remaining balance of earlier manufactured goods at the prices established at the time of their realization.

Planned costs (cost) are determined by the producer 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 type of goods (works, services).

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 producer independently if other is not established by the legislation.

5. Selling prices on the goods imported into the republic intended for further sale in the territory of the republic are established by importers proceeding from contract prices, expenses on import (customs duties and charges, cargo insurance, percent on the credits (loans, guarantees), transportation expenses, other expenses according to the legislation), taking into account market situation and the restrictions set by the state bodies performing price regulation (rates).

The lowering goods prices made in the Republic of Belarus and imported into the republic (reimported), intended for further sale in the territory of the republic are established by importers proceeding from contract prices taking into account market situation and the restrictions set by the state bodies performing price regulation (rates).

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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