of February 5, 2004 No. 57
About further implementation of market mechanisms of realization of highly liquid types of products, raw materials and materials
For the purpose of widespread introduction of the market principles and mechanisms of sales of products, liquidation of centralized distributive system, creation of equal conditions of access to material resources of all business entities, irrespective of pattern of ownership, enhancement of the mechanism of forming of market prices the Cabinet of Ministers decides:
the list of types of products by which distribution of limits between republican consumers, according to appendix No. 1 is abolished;
the list of strategic types of material resources by which the special procedure for their realization, according to appendix No. 2 is established;
Regulations on special procedure for realization of strategic types of material resources according to appendix No. 3;
Actions for implementation of market mechanisms of sales of products according to appendix No. 4.
Take into consideration that the procedure for market realization of cotton fiber is determined by the resolution of the Cabinet of Ministers of June 3, 2003 No. 240 "About enhancement of the mechanism of calculations for the made and implementable cotton fiber"
2. Determine that:
exposure to the exchange biddings and auctions of products for lists according to appendices No. No. 1 and 2 is performed according to the amounts provided on these purposes in the corresponding material balances approved in accordance with the established procedure. The Ministry of Economics of the Republic of Uzbekistan quarterly and monthly schedules of accomplishment of the approved parameters of material balances to the ministries, departments, economic associations and the companies, regarding sales of products, raw materials and materials through the exchange biddings - to the State committee of the Republic of Uzbekistan on demonopolization and development of the competition are led up at the scheduled time. Based on the specified schedules of the ministry, department, economic associations and the companies are developed and claimed in coordination with the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition of graphics of exposure of products to the exchange biddings on terms according to established procedure, and the last brings them to the exchange;
the exchanges shall publish on weekly basis in open seal and on the pages on the Internet the weighted average stock exchange quotations of the prices of the goods sold specified in appendices No. 1 and 2, and the prices which developed at auctions following the results of their carrying out;
products of enterprise monopolists included in appendices No. 1 and 2, can be sold in the domestic market under direct agreements, and also at the exchange (auction) biddings. At the same time sales of products under direct agreements (except for amounts of products sold for the state needs, replenishment and refreshening of resources of the state strategic reserve, production under the state order, intra-branch needs of producers on limits to separate categories of consumers, the electric power, natural gas and aviation fuel) is performed on the weighted average prices of stock (auction) exchange quotations published for the last date;
realization under direct agreements of products intended according to material balances to realization at the exchange (auction) biddings can be performed only in the amounts unclaimed within one month from the moment of exposure at the exchange (auction) biddings, on the weighted average prices which developed by results of the exchange biddings for the last week;
in case of realization of exclusive products by enterprise monopolists through the exchange biddings and auctions, and also under direct agreements on weighted average prices of stock (auction) exchange quotations, sanctions for exceeding of the declared marginal price, stipulated by the legislation about the competition are not applied to them.
In case of violation of schedules of exposure to the exchange biddings of highly liquid and exclusive types of products on terms and amounts are subject to withdrawal:
the funds received over the starting price from sales of products under direct agreements including for export, in the amounts distracted from the exchange biddings;
the means received for the account of growth of exchange prices because of not exposure of products to the exchange biddings.
Withdrawal of the specified means is performed according to the procedure, provided for enterprise monopolists in case of violation of established procedure of forming and use of the prices (rates).
The conclusion of agreements on products included in appendices No. 1 and 2, purchased at the exchange biddings (auctions) and for direct agreements (except for the electric power and natural gas), is performed on the terms of complete advance payment or drawing of the irrevocable letter of credit for each delivered batch. At the same time stock exchange transactions are concluded with introduction by the seller and the buyer of means of warranty providing at the rate to 10 percent from total cost of the goods exposed on the exchange biddings and amount of the expected transaction, respectively, with carrying out calculations through clearing house.
3. Determine that reducing supply of natural gas for failure to pay to the companies specified in appendix No. 5, can be performed in accordance with the established procedure to the level of technology and emergency armor of power supply, and blackout - only by a court decision.
4. Determine that products included in appendix No. 2, acquired by consumers at regulated prices, are used only in the production purposes and is not subject to resale.
In case of identification of the facts of resale of the resources acquired by consumers at regulated prices, and also the resources specified in appendices No. No. 1 and 2 to this resolution, acquired by consumers at the exchange biddings and prohibited to resale, that the gained income from resale is withdrawn according to the procedure provided by the resolution of the Cabinet of Ministers of October 28, 2010 No. 239 "About measures for further enhancement of procedure for declaring (approval) and establishment of regulated prices (rates) for goods (works, services).
The heads of the companies who allowed the facts of resale of resources bear responsibility in the procedure established by the legislation, up to criminal.
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