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.

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" (further – the Decree No. 72), to the Presidential decree of the Republic of Belarus of June 13, 2023 No. 171 "About taking measures in the field of pricing".

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 state bodies (organizations) performing price regulation (rates) for goods (works, services) (further – the state bodies performing price regulation (rates).

2. Action of this Instruction does not extend to 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 (or) in the State register of subjects of natural monopolies on the corresponding goods items.

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 according to the agreement in foreign trade signed by it for its further sale in the territory of the Republic of Belarus;

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 the producer (importer), procurement organization, and also the subject of managing performing storage of goods from stabilization funds, not being the producer of such goods (further – the keeper of goods from stabilization funds);

selling price – the price established by the producer on made (including according to the works agreement) goods, the importer on the goods for its further sale imported by it into the Republic of Belarus, procurement organization, the keeper of goods from stabilization funds;

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

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;

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.

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

4. Selling prices (rates) for goods (works, services) are created 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).

Planned costs (cost) are determined by the producer independently according to the local legal act concerning pricing, taking into account the industry features of planning and calculation of product cost established by the republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus, and also regulatory legal acts concerning forming of costs on the basis of the separate cost accounting by each type of goods (works, services).

The local legal act concerning pricing can include including procedure for forming of selling prices, structure of costs when forming planned cost, method of calculation of calculation cost items, method of calculation of the profit included in selling price, method of calculation of expenses on delivery, procedure for rounding of selling prices, the procedure of approval of selling prices and procedure for application of discounts.

In the absence of the separate cost accounting by types of goods (works, services) of costs are distributed according to the local legal act concerning pricing.

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

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