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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 1, 2007 No. 744

About approval of Rules of commission trade by nonfoods

(as amended on 25-06-2021)

Based on subitem 1.2 of Item 1 of article 6 of the Law of the Republic of Belarus of January 8, 2014 "About state regulation of trade and public catering" the Council of Ministers of the Republic of Belarus DECIDES: No. 128-Z

1. Approve Rules of commission trade by nonfoods (are applied).

2. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 22.07.2014 No. 703

3. Grant the right to the Ministry of anti-monopoly regulation and trade to make explanations about procedure for application of Rules of commission trade by nonfoods.

4. To the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, regional executive committees, the Minsk Gorispolkom to bring the regulatory legal acts into accord with this resolution and to take necessary measures for its realization.

5. This resolution becomes effective in 3 months from the date of its official publication, except for item 4 and this Item which are becoming effective from the date of adoption of this resolution.

First Deputy Prime Minister of the Republic of Belarus

V. Semashko

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 1, 2007 No. 744

Rules of commission trade by nonfoods

Chapter 1. General provisions

1. The these rules developed according to the Civil code of the Republic of Belarus, the Law of the Republic of Belarus of January 9, 2002 No. 90-Z "About consumer protection", the Law of the Republic of Belarus "About state regulation of trade and public catering" govern the relations between the broker and the consignor under the commission agreement, and also between the broker and the buyer in case of sale of the nonfoods accepted on the commission (further - the goods accepted on the commission).

2. For the purposes of these rules the following main terms and their determinations are applied:

the broker - the legal entity, the individual entrepreneur accepting from the consignor goods on the commission and realizing these goods under the agreement of retail purchase and sale;

commission section - part of the floor space of shop on which the goods accepted under the commission agreement are on sale;

the consignor - the citizen of the Republic of Belarus, the foreign citizen, the stateless person delivering goods to the commission for implementation by the broker of retail sale of these goods;

the buyer - the physical person having intention to acquire or acquiring goods at the seller for the personal, family, home and other similar use which is not connected with business activity if other is not established by legal acts;

pieces of antiques - the cultural values created more than 50 years ago in relation to date of acceptance on the commission (performing painting, graphics, sculpture, ancient furniture, arts and crafts objects, unique and rare musical instruments, ancient coins, awards, medals and other objects of collecting);

vehicles - motorized vehicles, electric vehicles, trail cars, other vehicles, self-propelled machines, agricultural machinery, engines, bodies, cabins, the chassis, frames to them;

vehicles not on the run - vehicles which cannot be set in motion by means of the nodes and aggregates established on them in view of their technical condition.

3. The goods accepted on the commission are on sale in commission shops, and also in commission sections of shops (further – shops).

4. The broker shall inform the buyer information on number of special permission (license), term of its action, state body or the state organization, issued this special permission (license) if the type of activity, performed by the broker, is subject to licensing, and also upon the demand of the buyer to inform of the original or the copy of special permission (license) which are drawn up in accordance with the established procedure.

5. Brokers have the right to accept on the commission telephone sets of cellular mobile telecommunication on condition of implementation of retail trade by the specified devices accepted according to the purchase and sale agreement and in the presence in the Republic of Belarus opportunities to perform works (to render services) on their repair.

6. For the consignor the property right to the goods accepted to the commission until their sale to the buyer remains.

The broker bears responsibility for loss, shortage or damage of the goods of the consignor accepted on the commission.

7. The disputes arising between the broker and the consignor are considered according to the legislation.

8. These rules in available form are brought by the broker to the attention of consignors and buyers.

9. Document creation in case of acceptance of goods on the commission is performed by the broker free of charge.

10. Control of observance of these rules is exercised by state bodies within their competence according to the legislation.

Chapter 2. Acceptance of goods on the commission

11. Under the agreement between the broker and the consignor on the commission the goods which were and not being in the use (operation) in pure form, suitable for use, not requiring repair or restoration are accepted if other is not provided by these rules.

The broker has the right to refuse goods acceptance if they do not conform to the requirements specified in part one of this Item.

12. Are not accepted on the commission:

medicines and products of medical appointment, except for technical means of social resettlement for movement (crutches, canes, wheelchairs for disabled, walkers special for movement of patients with violations of functions of the lower extremities and others);

personal care products;

perfumery and cosmetic goods;

goods of household chemicals;

products linen;

hosiery;

objects of ladies' room;

bed linen;

goods for newborns (linen, rattles, teethers for teeth, small bottles, nipples);

toys for children up to three years, soft toys;

ware of one-time use;

skins of animals without the corresponding marking of the manufacturer;

products from precious metals of technological appointment (laboratory glassware, wire, contacts and another);

state awards of the Republic of Belarus and USSR;

telephone sets of cellular mobile telecommunication in which determination of identification phone number of cellular mobile telecommunication (IMEI) is complicated or it is impossible;

vehicles with strong indications of change of marking of numbers of the engine, body, cabin, the chassis, frame;

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