PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 27, 2012 No. 114

About some measures for strengthening of the state anti-monopoly regulation and control

For the purpose of strengthening of measures of the state anti-monopoly regulation and control, stabilization of price situation:

1. Determine that:

1.1. for operational identification and suppression of antitrust violations, legislations on the prices and pricing by the Minister of anti-monopoly regulation and trade, his deputies can be appointed unscheduled inspections of observance by legal entities and individual entrepreneurs of the specified legislation irrespective of availability of the bases provided by legal acts for control (supervising) activities;

1.2. making by the legal entity or individual entrepreneur holding dominant position in the goods market, the act which is according to the antitrust law abuse of dominant position, except for case, provided in subitem 1.4 of this Item

attracts imposing of penalty on the official in the amount of twenty up to hundred basic sizes, on the individual entrepreneur - from hundred up to two hundred basic sizes, on the legal entity - to 10 percent of the amount of proceeds from sales of goods (work, service) in which market the offense, for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of identification of administrative offense in which the administrative offense was revealed is made if the offender did not perform sales activity of these goods (work, service) in prior calendar year, but at least five hundred basic sizes;

1.3. evasion of the official of state body, other state organization performing separate functions of republican state body, the official of other legal entity from execution of instructions, other legal requirements of antimonopoly authorities, either improper or their untimely execution, or non-presentation to these bodies of information (documents, explanations) necessary for implementation of the functions by antimonopoly authorities, or representation of obviously false information

attract imposing of penalty in the amount of twenty up to hundred basic sizes;

1.4. making of the actions which are according to the antitrust law unfair competition, the conclusion and execution of agreements, implementation of coordinated actions, and equally to perform the arrangement or implementation of other types of coordinate activities limiting the competition

attract imposing of penalty on the official in the amount of twenty up to hundred basic sizes, on the individual entrepreneur - from hundred up to two hundred basic sizes, and on the legal entity - to 10 percent of the amount of proceeds from sales of goods (work, service) in which market the offense, for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of identification of administrative offense in which the administrative offense was revealed is made if the offender did not perform sales activity of these goods (work, service) in prior calendar year, but at least four hundred basic sizes.

2. Grant the right to constitute protocols on the administrative offenses provided in subitems 1.2-1.4 of Item 1 of this Decree, to authorized officers of bodies of the State Control Committee, Ministry of anti-monopoly regulation and trade and its territorial authorities, and to consider cases on such offenses:

to bodies of the State Control Committee - in case of creation of protocols by authorized officers of these bodies;

to the courts considering economic cases about the offenses provided in subitems 1.2 and 1.4 of Item 1 of this Decree, to district (city) courts about the offenses provided in subitem 1.3 of Item 1 of this Decree – in case of creation of protocols by authorized officers of the Ministry of anti-monopoly regulation and trade and its territorial authorities.

3. The provisions provided in subitems 1.2-1.4 of Item 1 and Item 2 of this Decree are effective before entry into force of the laws on modification and (or) amendments in the Code of the Republic of Belarus about administrative offenses and the Procedural and executive code of the Republic of Belarus about administrative offenses.

Before reduction of the called codes in compliance with this Decree of their provision are applied in the part which is not contradicting this Decree.

4. To Council of Ministers of the Republic of Belarus together with the National center of the legislation and legal researches to take measures for implementation of this Decree.

5. This Decree becomes effective after its official publication.

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