RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 19, 2022 No. 713

About system of price regulation

In pursuance of Item 5 of the Directive of the President of the Republic of Belarus of October 6, 2022 No. 10 "About inadmissibility of increase in prices", based on Item 2 of the Presidential decree of the Republic of Belarus of June 13, 2023 "About taking measures in the field of pricing" the Council of Ministers of the Republic of Belarus DECIDES: No. 171

1. Enter price regulation on the goods made (imported) and (or) realized by legal entities and individual entrepreneurs on the domestic market of the Republic of Belarus (further – the domestic market), specified in the list according to appendix 1 (further – consumer goods).

Goods prices which are not specified in appendix 1, and also rates for services (works) are established by subjects of managing independently or in coordination with the buyer (customer) if according to the legislation concerning such goods (works, services) state regulation of the prices (rates) is not performed.

2. Producers approve increase in selling prices on consumer goods (establishment of selling prices on new consumer goods), except as specified, provided in Item 3 of this resolution, according to the legislation on ministerial procedures in the following procedure:

the republican unitary enterprises, organizations, economic societies, shares (shares in authorized funds) of which are in property of the Republic of Belarus, other organizations which are part of the state organizations subordinated to Council of Ministers of the Republic of Belarus – with the relevant state bodies, subordinate (accountable) to the President of the Republic of Belarus, the republican state bodies, other state organizations subordinated to Council of Ministers of the Republic of Belarus in subordination (structure, system) of which they are (enter) or which transfers to the control shares (share in authorized fund) of economic society which are in property of the Republic of Belarus or with the created commissions specified by state bodies (organizations) with participation of representatives of the trade-union organizations;

the organizations entering management system cases of the President of the Republic of Belarus – with Administration of the President of the Republic of Belarus or the commission created by it;

the organizations of consumer cooperation – with the Belarusian republican union of consumer societies or the commission created by it with participation of the representative of the trade-union organization;

the organizations which are part of holding with participation of the state – with state body (organization), in subordination (structure, system) of which there is managing company of holding, or with the commission created by it;

other legal entities and individual entrepreneurs – with the relevant regional executive committees, the Minsk Gorispolkom in the place of state registration or with the commissions created by them with participation of representatives of the trade-union organizations.

The bases for refusal in approval of selling prices on consumer goods according to part one of this Item are:

non-presentation by the applicant of the documents and (or) data provided according to the legislation on ministerial procedures;

availability incomplete or doubtful supplied in documents and (or) the information provided by the applicant for receipt of approval;

insufficient economic case of the offered selling price on consumer goods.

3. Approval of selling prices by producers of consumer goods in cases is not required:

3.1. the expirations of terms of holding the actions directed to promotion of the consumer goods (the share, discount and another) determined in agreements or regulations on holding actions on condition of establishment of selling prices at the level operating before holding the specified actions, and also cancellation of the specified actions (change of conditions of their carrying out) provided that the applied selling price will not exceed the selling price approved according to Item 2 of this resolution;

3.2. deliveries of consumer goods under agreements with new buyers or changes of delivery conditions of consumer goods in case of price fixation not the of high prices applied on the date of entry into force of this resolution according to the document which establishes selling prices, and regulations on discounts;

3.3. increases in the declared prices (rates), fixed prices (rates) based on the made decisions of state bodies (organizations) performing price regulation (rates), price increase within marginal prices (rates) established by state bodies (organizations) performing price regulation (rates) on material resources (raw materials, materials, component parts and another), except for the goods specified in Item 7 of this resolution and (or) the services which are actually used in case of production of consumer goods, and also rates of the taxes and other obligatory payments included in product cost in proportion to their increase according to specific weight of these expenses in product cost;

3.4. No. 713(4) is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 29.12.2023

3.5. forming of selling price on earlier not made consumer goods by change of the selling price approved according to Item 2 of this resolution, increased according to subitem 3.7 of this Item or applied according to the document which establishes selling prices on acceptance date of this resolution, in proportion to change of the weight (amount) of consumer goods;

3.6. changes of the name of consumer goods in connection with introduction (change) of technical regulatory legal acts when preserving selling price and structure, including the applied materials and components.

3.7. monthly increase in selling prices no more than on percent 0,3 to the maximum selling price of realization of these consumer goods on the domestic market (to the selling price specified in the instructions which are taken out according to parts three and the fourth Item 4-1 of this resolution) last month, and in case of lack of realization of these goods last month – to the final selling price of its realization on the domestic market.

In cases of not increase in selling price last month (period) or its increases less than on 0,3 of percent increase in selling price taking into account admissible increase for the last month (period) is allowed;

3.8. provided in part one of Item 10 and part three of Item 11 of this resolution.

4. Approval of selling prices according to Item 2 of this resolution is performed no more than 10 working days from the date of receipt of documents in time, and for consumer goods with storage duration of 30 days and less – no more than five working days.

State bodies (organizations) or the commissions created by them specified in Item 2 of this resolution within five working days from the date of decision making about approval of selling prices inform on it the Ministry of anti-monopoly regulation and trade (further – MART) in the form determined by it.

Grant the right of MART to take out to state bodies (organizations) specified in Item 2 of this resolution, or the commissions created by them the instruction, obligatory for accomplishment, about recognition voided decisions on approval of selling prices in cases of failure to carry out of the set parameter on consumer price index and (or) influences on surplus of consumer price index on the consumer goods relating to types of goods which occupy more 0,05 of percent in structure of consumer spendings of the population and concerning which certain MART indicator of monthly admissible increase in prices is exceeded.

State bodies (organizations) or the commissions created by them along with recognition invalid the decision made according to Item 2 of this resolution accept and send to the producer the mandatory decision on cancellation of the raised selling price and need of reduction of selling price to compliance with the level operating before its increase, in time no later than three working days following behind day of receipt of this decision.

4-1. Producers taking into account market situation independently establish selling prices on new consumer goods * and not later than five working days prior to realization of new consumer goods direct the notification on establishment of selling price to these goods, except for the case provided in part two of this Item, in state bodies (organizations) specified in Item 2 of this resolution for form, certain MART.

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* Are understood as new consumer goods:

new products (for the first time the made products) – the products for the first time made by the manufacturer and (or) which do not have analogs in the territory of the Republic of Belarus;

new type of products – the products which are already made, but received new designation or determination (name) in connection with considerable extent of enhancement or modification of its properties, parameters, signs or characteristics, and also the changed scope, new or substantially differing (for 30 percent at least in comparison with earlier turned out products) composition of the applied materials or components which was exposed to considerable extent of technology changes and (or) change of classification code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union at the level of any of the first four signs which resulted from conversion (processing).

The direction of the notification specified in part one of this Item in case of establishment of selling price on new consumer goods using the standard rate of profitability used for determination of the amount of the profit which is subject to inclusion in selling prices on such goods in the amount of no more than 20 percent is not required.

Grant the right to regional executive committees, to the Minsk Gorispolkom to take out to producers the instruction, obligatory for accomplishment, about the reduction of the selling price established according to the procedure, provided by part one of this Item in case of identification of the fact of production of new consumer goods for the purpose of non-compliance with the regulation provided by this resolution.

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