ВНИМАНИЕ

(Unofficial translation)

 

Law of the Republic of Belarus

May 10, 1999 No 255-Z

[Amended as of July 11, 2014]

On Pricing

Adopted by the House of Representatives on April 13, 1999

Approved by the Council of Republic on April 26, 1999

CHAPTER 1

GENERAL PROVISIONS

Article 1. Scope of application of this Law

This Law establishes legal grounds of the state policy in the field of pricing in the Republic of Belarus, the scope of application of free and regulated pricing, the rights, duties and liability of the subjects of pricing.

Article 2. Legislation of the Republic of Belarus on pricing

The legislation of the Republic of Belarus on pricing consists of this Law and other acts of legislation.

Speciific features of pricing in the spheres of natural monopolies are determined by the legislation of the Republic of Belarus on natural monopolies.

If treaties of the Republic of Belarus establish other rules than those contained in this Law, the rules of treaties are applied.

Article 3. Main terms and their definitions

For the purposes of this Law the following main terms and their definitions are used:

price is monetary expression of the value of a unit of goods;

tariff is monetary expression of the value of a unit of work, service;

pricing is the process of establishing and application of prices (tariffs) ;

free price (tariff) is the price (tariff) developing as a result of effect of supply and demand under conditions of free competition;

regulation of prices (tariffs) is the effect on processes of establishing and application of prices (tariffs) by the pricing subject carrying out regulation of prices (tariffs);

regulated price (tariff) is the price (tariff) established by the pricing subject carrying out regulation of prices (tariffs);

fixed price (tariff) is the regulated price (tariff) established in fixedly expressed monetary value;

limit price (tariff) is the regulated price (tariff) the amount of which is limited by an upper and (or) lower limits;

limit trade extra charge (discount, mark-up) is the restriction for the price established by the pricing subjects carrying out regulation of prices (tariffs);

limit norm of profitability is the established limiting parameter of profit-to-expenses ratio expressed in percentage points;

indexing of the price (tariff) is a change of the price (tariff) level through application of a ration toward the price (tariff) in the order established by the legislation;

declaring of prices (tariffs) is the registration of prices (tariffs) by legal persons, individual entrepreneurs included in the State Register of economic entities  having a dominant position on the commodity markets with the state bodies determined by the legislation.

Article 4. Pricing subjects

Pricing subjects in the Republic of Belarus are:

the President of the Republic of Belarus;

state bodies (organizations) carrying out carrying out regulation of prices (tariffs);

legal persons not being state bodies (organizations) carrying out carrying out regulation of prices (tariffs) (hereinafter – legal persons);

individual entrepreneurs;

other natural persons having the right, in accordance with the legislation, to carry out certain kinds of activities not assigned by the legislative acts to entrepreneurial activity for goods (works, services) of which the regulated prices (tariffs) are applied (hereinafter – natural persons).

Article 5. Main principles of pricing

The main principles of pricing are:

determination of foundations of state policy in the field of pricing;

combination of free and regulated prices (tariffs);

establishing of regulated prices (tariffs) for goods (works, services) on the level ensuring covering of economically reasonable expenses of the economic entities and obtaining of sufficient profit for the expanded reproduction, taking into consideration the state subsidies and other measures of the state support;

CHAPTER 2
FREE PRICING

Article 6. Sphere of application of free prices (tariffs)

In the Republic of Belarus, free prices (tariffs) are applied for goods (works, services), with the exception of the cases provided by this Law.

CHAPTER 3
REGULATION OF PRICES (TARIFFS)

Article 7. Sphere of application of regulated prices (tariffs)

Regulated prices (tariffs) in the Republic of Belarus are applied for:

goods produced (being realized) in conditions of natural monopolies, services being rendered (provided) by subjects of natural monopolies, referred to the spheres of natural monopolies;

some goods (works, services) the specific lies of which is established by the President of the Republic of Belarus or on its instructions by the Council of Ministers of the Republic of Belarus.

Article 8. Methods of regulation of prices (tariffs)

The President of the Republic of Belarus, state bodies carrying out carrying out regulation of prices (tariffs), within the powers granted them by the legislation, carry out regulation of prices (tariffs) through establishing:

fixed prices (tariffs);

limit prices (tariffs);

limit trade extra charge (discount, mark-up);

limit norms of profitability, used for determination of the sum of profit which is subject to be included in the regulated price (tariff);

procedure of determination and application of prices (tariffs);

indexing of prices (tariffs);

declaring of prices (tariffs).

State bodies (organizations) carrying out regulation of prices (tariffs) are entitled to make a decision on choosing a specific method of regulation of prices (tariffs) based on state interests and current social and economic situation in the Republic, in the order established by the legislation.

CHAPTER 4

STATE REGULATION IN THE SPHERE OF PRICING

Article 9. Powers of the President of the Republic of Belarus in the sphere of pricing

The President of the Republic of Belarus:

determines the single state policy in the field of pricing;

determines the list of goods (works, services) the prices (tariffs) for which are regulated;

determines the state bodies (organizations) carrying out regulation of prices (tariffs) having regard to provisions of this Law;

carries out regulation of prices (tariffs) for certain goods (works, services);

authorizes the Council of Ministers of the Republic  to approve the lists of goods (works, services) the prices (tariffs) for which are regulated by some state bodies (organizations) carrying out regulation of prices (tariffs);

carries out other powers in the field of pricing in accordance with the Constitution of the Republic of Belarus, this Law and other legislative acts.

Article 10. State bodies (organizations) carrying out carrying out regulation of prices (tariffs)

The state bodies (organizations) carrying out carrying out regulation of prices (tariffs) are:

the Council of Ministers of the Republic of Belarus;

republican body of state administration on issues of economy on which, in accordance with the legislation, are imposed functions or regulation of prices (tariffs);

other state bodies (organizations) on which, in accordance with this Law and acts of the President of the Republic of Belarus, are imposed powers on regulation of prices (tariffs).

Article 11. Powers of state bodies (organizations) carrying out carrying out regulation of prices (tariffs)

The Council of Ministers of the Republic of Belarus:

ensures the implementation of the single state policy in the sphere of pricing;

carries out regulation of prices (tariffs) for certain goods (works, services) within its competence;

in accordance with the acts of the President of the Republic of Belarus approves the lists of goods (works, services) the prices (tariffs) for which are regulated by some state bodies (organizations) carrying out regulation of prices (tariffs);

carries out other powers in the sphere of pricing in accordance with the Constitution of the Republic of Belarus, this Law, other laws and acts of the President of the Republic of Belarus.

The republican body of state administration on issues of economy on which, in accordance with the legislation, are imposed functions or regulation of prices (tariffs):

performs the single state policy in the field of pricing;

develops the proposals on foundations of the single state policy in the sphere of pricing;

ensures consistent approaches in the sphere of pricing, including determines the order of establishing and application of prices (tariffs), and  also the order of declaration thereof and carries out methodological guidance of pricing;

coordinates the work of other state bodies (organizations) carrying out regulation of prices (tariffs);

carries out regulation of prices (tariffs) for certain goods (works, services) within its competence;

adopts decisions binding for pricing subjects (legal persons, individual entrepreneurs, natural persons) on introduction, change or termination of regulation of prices (tariffs) in the instances provided by the legislation;

adopts decisions binding for execution on elimination of detected violations in the sphere of pricing, cancels prices (tariffs) established by pricing subjects with violation of the legislation of the Republic of Belarus on pricing;

carries out other powers in the sphere of pricing imposed thereon by this Law and other acts of legislation.

Other state bodies (organizations) within its competence:

carry out regulation of prices (tariffs) for certain goods (works, services);

carry out other powers in the sphere of pricing imposed thereon by this Law and other acts of legislation.

CHAPTER 5
RIGHTS AND DUTIES OF A LEGAL PERSON, INDIVIDUAL ENTREPRENEUR, NATURAL PERSON IN THE SPHERE OF PRICING

Article 12. Rights of legal person, individual entrepreneur, natural person in the sphere of pricing

A legal person, individual entrepreneur, natural person have the right:

independently or  in agreement with the buyer, to establish the price (tariff) for a good (work, service) if in relation thereto, in accordance with the legislation of the Republic on pricing, regulation of prices (tariffs) does not apply;

 to appeal, in the order established by the legislation, decisions taken in relation thereto by state bodies (organizations) carrying out regulation of prices (tariffs), and also by officials of these state bodies (organizations).

Article 13. Duties of legal person, individual entrepreneur, natural person in the sphere of pricing

A legal person, individual entrepreneur, natural person are obliged, in the sphere of pricing:

to observe the legislation of the Republic of Belarus on pricing;

 to submit to state bodies (organizations) carrying out regulation of prices (tariffs), full and true information necessary for establishing regulated prices (tariffs);

to execute other duties, established by the legislation.

CHAPTER 6
CONTROL OVER OBSERVANCE BY INSPECTED SUBJECTS CARRYING OUT REALIZATION OF GOODS (WORKS, SERVICES) OF THE LEGISLATION OF THE REPUBLIC OF BELARUS ON PRICING

Article 14. Control over observance by inspected subjects carrying out realizations of goods (works, services) of the legislation of the Republic of Belarus on pricing

Control over observance by inspected subjects carrying out realizations of goods (works, services) of the legislation of the Republic of Belarus on pricing is carried out by bodies of the Committee of State Control Committee of the Republic of Belarus, a structural division with the rights of the legal person of the republican body of state administration on issues of economy on which in accordance with the legislation are imposed functions of regulation of prices (tariffs) of regional and Minsk City executive committees in accordance with the legislation.

Article 15. Liability for violation of the legislation of the Republic of Belarus on pricing

Persons guilty of violation of the legislation of the Republic of Belarus on pricing bear liability in accordance with the legislative acts.

Article 16. Appealing decisions of state bodies (organizations) carrying out regulation of prices (tariffs), officials thereof

Decisions of state bodies (organizations) carrying out regulation of prices (tariffs), officials thereof may be appealed by pricing subjects to a superior state body (organization) and/or in the court the order established by the legislation.

Appealing in the order established by the legislation of decisions of state bodies (organizations) carrying out regulation of prices (tariffs), officials thereof does not suspend the execution of such decisions.

CHAPTER 7

FINAL PROVISIONS

Article 17. Entry into force of this Law

This Law enters into force from the day of its publication.

Article 18. Bringing of acts of legislation in compliance with this Law

Until the legislation of the Republic of Belarus is brought in accordance with this Law it is applied in the part not contradicting to this Law, unless otherwise provided by the Constitution of the Republic of Belarus.

The Council of Ministers of the Republic of Belarus, within three months from the entry into force of this Law, shall:

prepare and introduce in the established order to the House of Representatives of the National Assembly of the Republic of Belarus suggestions on bringing acts of legislation in accordance with this Law;

bring the decisions of Government of the Republic of Belarus in accordance with this Law;

ensure reviewing and revoking by the republican bodies of state administration subordinated to the Council of Ministers of the Republic of Belarus of their normative acts contradicting this Law.

 

President of the Republic of Belarus

A. Lukashenko

 

* unofficial translation *