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Approved by the Resolution of the Ministry of Economics and finance of the Republic of Moldova of July 14, 1992 No. 63

The instruction about procedure for application economic and penalties for violation of the state discipline of the prices

(as amended on on November 27, 1992)

I. General provisions

1.1. This Instruction is developed and approved according to the Presidential decree of the Republic of Moldova of December 27, 1991 N 256, resolutions of December 27, 1991 N 726, of May 26, 1992 N 348.

1.2. Action of this Instruction extends to the companies, associations, legal entities (irrespective of patterns of ownership), including the companies with foreign investments performing productive, trading and other business activity in the territory of the Republic of Moldova (the companies are referred to as).

1.3. The basis for application of economic sanctions and penalties is receipt of unreasonable revenue (income) by the companies as a result of violation of procedure for establishment and application of all price types, and also surcharges, allowances, markups, discounts, capes to them, procedure of payments, leave of products (works, services).

Illegal revenue (income) is understood as difference from results of sales of products (works, services) on the prices (rates) applied with violation of the current legislation and cost of goods sold at the prices (rates) determined according to directive and regulations of the Government of the Republic of Moldova, the Ministry of Economics and finance of the Republic of Moldova and other bodies to managements concerning pricing.

1.3.1. All amount illegally of the received revenue (income) as a result of violations of the state discipline of the prices for the entire period of violation is subject to withdrawal in the budget.

Along with withdrawal of the amount illegally of the received revenue (income) the company pays to the budget penalty in the same size, and in case of further violation in double size by the profit which remained at the disposal of collective irrespective of financial condition of the company (availability of profit or losses) and its relation with the budget.

1.3.2. In cases of impossibility of determination of the amount illegally of the received revenue, the penalty in the amount of 25 percent from the amount of monthly sales amount (goods turnover) of these products (works, services) is applied to the companies which allowed violations of the state discipline of the prices if violation of the prices took place in one month or average monthly amount for the checked period.

1.3.3. Application of economic sanctions does not exempt from the personal liability in it officials.

1.3.4 In cases if the companies and the organizations, other economic subjects during self-examinatione establish misconduct of the prices and excessively received revenue (income) it cannot be returned to buyers, the companies independently grant these sums of budget receipt, at the same time financial sanctions are not applied.

1.4. Economic sanctions are applied to the companies which allowed violation of procedure:

- use of free (market) and state prices of products (services) of technological appointment and consumer goods;

- forming, declaring and price regulation on products of enterprise monopolists.

1.4.1. Misconduct of the prices on which economic sanctions are applied, in particular, are:

- overestimate of limit of the regulated prices provided in the orders of the Government of the Republic of Moldova, the Ministry of Economics and finance of the Republic of Moldova, other governing bodies concerning pricing;

- use of free prices for products and services on which according to the current legislation the state and regulated prices are approved;

- non-presentation or provision in the reduced size of discounts, charge of unforeseen markups (capes) to the prices (rates) or their charge in the sizes exceeding limiting;

- inclusion in the cost of service of actually outstanding works or you polnenny not in full, considered in the cost of these services, and also realization of incomplete products;

- use of the prices, rates (markups) established by catering establishments, consumer services of the population and municipal services of higher categories (categories) which product quality and the service level does not correspond to the characteristics provided in case of price fixation and rates;

- overestimate of free selling prices in case of production of different execution (modifications) of homogeneous products when because of constructive or technology shortcomings the key technical and economic, ecological parameters accepted for reasons for price level are not reached;

- use of free retail prices on consumer goods by delivery low-quality (substandard) or the approved approved samples of these goods made with departure from;

- absence or violation of the protocol of approval of free prices and register;

- unreasonable overestimate of trade allowances and the standard rate of profitability against the limits established by the current legislation;

- failure to meet requirements of control facilities of the prices on elimination of the opened violations of the prices.

1.5. Treat violations of the state discipline of the prices by enterprise monopolists:

artificial increase or maintenance of high prices at auctions and the biddings;

production output limitation (sales) of certain types of products (goods, services);

refusal of enterprise monopolists of declaring of the prices and their changes;

untimely declaring of the prices;

provision of insufficient information at the declared prices and their changes;

the introduction in associations or the conclusion of agreements in any form if their purpose is the monopoly in this or that industry, increase or maintenance of high prices.

1.5.1. In case of refusal enterprise monopolists from declaring of the prices (their changes) or their untimely declaring, representation of unreliable information the Ministry of Economics and finance imposes on them penalty at the rate to 50 percent from products cost (goods, services) implemented at not declared prices, but at least 5 thousand rubles and no more than 500 thousand rubles.

1.5.2. If the enterprise monopolist independently raises the fixed state prices, and also marginal prices established by relevant organs the penalty in the amount up to 500 thousand rubles is imposed on it, and the difference in the prices is subject to entering into the relevant budget.

The specified funds are transferred by financial and tax authorities from accounts of the companies to the income of the republican budget in indisputable procedure.

The responsible persons guilty of these violations pay penalty to 500 rubles.

1.5.3. In case of the further violations listed in item 1.5.1.

1.5.2. The Ministry of Economics and finance establishes for up to 6 months on products (goods, services) of enterprise monopolists the fixed or regulated prices.

II. Procedure for calculation of the amounts of unreasonably received revenue (income)

2.1. The amount illegally of revenue (income) received by the company subject to withdrawal in budget receipt, is determined as difference between the actual proceeds from sales of products (works, services) and cost of goods sold (works, services) by the prices, rates and surcharges to them approved according to directive and regulations of the Government of the Republic of Moldova and other governing bodies concerning pricing.

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