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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 11, 2015 No. 94

About approval of the Regulations on procedure for sales of goods (works, services) at the prices (rates) determined taking into account market situation

(as amended on 25-05-2018)

According to article 11 of the Law of the Republic of Belarus of July 23, 2008 "About Council of Ministers of the Republic of Belarus" and for the purpose of acceleration of goods turnover rate (works, services) the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure for sales of goods (works, services) at the prices (rates) determined taking into account market situation.

2. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

A. Kobyakov

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 11, 2015 No. 94

Regulations on procedure for sales of goods (works, services) at the prices (rates) determined taking into account market situation

1. This Provision determines procedure for acceptance by the manufacturing organizations - the state organizations and economic societies from shares of the state in authorized fund (further - the manufacturing organizations) decisions on realization in the territory of the Republic of Belarus and beyond its limits of goods (works, services) of own production by the prices (rates) reduced taking into account market situation which level develops below cost, including taking into account the provided discounts, except for goods (works, services) on which fixed prices (rates) are established if other procedure for adoption of such decisions is not established by the legislation.

Sales of goods (works, services) on which marginal minimum prices (rates) are established is performed at the prices (rates) not below the established level of such prices (rates).

2. The decision on sales of goods (works, services) of own production at the prices (rates) below cost is accepted:

2.1. in the presence at the manufacturing organization of loss from sales of goods (works, services) and the net loss estimated in the accruing result since the beginning of year (if other is not established in subitem 2.2 of this Item), - the head of the organization software producer to approval:

with republican state body, other state organization subordinated to the Government of the Republic of Belarus, regional executive committee and the Minsk Gorispolkom (further - the state body (organization), in subordination (structure, system) of which is the manufacturing organization or managing company of holding with participation of the state if the manufacturing organization is part of such holding;

with the relevant local executive and administrative organs if shares (share in authorized fund) of the manufacturing organization which are in property of the state are not transferred to the control to state body (organization);

2.2. the head of the manufacturing organization independently - in the presence at the manufacturing organization of loss from sales of goods (works, services) and net loss in January-February of the current calendar year, and also profit on sales of goods (works, services) and (or) net profit for prior calendar year;

2.3. the head of the manufacturing organization independently - in the presence the manufacturing organization has profits on sales of goods (works, services) and (or) the net profit estimated in the accruing result since the beginning of year;

2.4. irrespective of results of financial and economic activities of the manufacturing organization - the head of the manufacturing organization independently in case of realization:

products at the exchange biddings organized by "Belarusian Universal Commodity Exchange" open joint stock company;

goods (works, services) for the marginal maximum prices established by the legislation;

goods (works, services) on which the legislation establishes marginal minimum prices (rates), but not below the established level of such prices (rates);

products which expiration date constitutes no more than 15 days, and also products which remaining period of the validity does not exceed one fourth from the expiration date established for it;

the products which were in warehouse of the manufacturing organization more than one year and (or) removed from assortment;

the goods (works, services) made (which are carried out, rendered) by individual (one-time) orders;

for export of oil products according to the legislation;

products of crop production and livestock production;

dairy products, meat (beef and pork), grains and torments are not lower than price level, recommended by working group for daily monitoring of realization of dairy products, meat (beef and pork), grain and the flour in the internal and external markets created by the order of the Prime Minister of the Republic of Belarus of June 19, 2009 No. 63r;

goods (works, services) in the agreements signed by results of the participation of the manufacturing organization or the legal entity authorized by the manufacturing organization on sales of goods (works, services) in procedures of purchases of goods (works, services).

3. No. 246 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2016

4. Decision making by the head of the manufacturing organization according to Item 2 this provision shall be based on the economic case of feasibility of sales of goods (works, services) of own production at the prices (rates) below cost including information on financial position of this organization, profitability of sales since the beginning of the current year, assessment offered to sales of goods (works, services) of own production actions for cost reduction on their production (accomplishment, rendering), and also information on market situation, comparative analysis of the prices (rates) for similar goods (works, services), including with use of price lists, other sources of information.

5. For review decisions according to subitem 2.1 of Item 2 this provision the manufacturing organization submits in state body (organization) the application with appendix of the following documents to it:

the inventory (works, services) of own production offered to realization at the prices (rates) below cost in form according to appendix;

the economic case of feasibility of sales of goods (works, services) of own production at the prices (rates) below cost including information on financial position of the organization, profitability of sales since the beginning of the current year, assessment offered to sales of goods (works, services) of own production, action for cost reduction on their production (accomplishment, rendering), and also information on market situation, comparative analysis of the prices (rates) for similar goods (works, services), including with use of price lists, other sources of information.

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