New procedure for regulating prices of goods

15 days after the adoption of the Resolution of the Council of Ministers of the Republic of Belarus dated 06.10.2022 No. 669 "On temporary measures to stabilize prices" was terminated. From 20.10.2022, the norms of the Resolution of the Council of Ministers of the Republic of Belarus No. 713 dated October 19, 2022 "On the price regulation system" are applied.

The document approved a list of consumer goods from 370 items for which pricing restrictions are set. Services and works are not subject to the regulation of this resolution.

The obligation of manufacturers to coordinate, within the framework of the administrative procedure, the establishment of selling prices for new goods and the increase in selling prices has been established.

It is not necessary to coordinate the selling prices of goods by manufacturers in the following cases:

1) expiration of the terms of events aimed at promoting consumer goods (promotions, discounts, etc.), subject to the establishment of selling prices at the level that was in effect before these events;

2) deliveries of goods at prices not higher than the prices applicable on the date of entry into force of the resolution (19.10.2022), in accordance with the price list (other similar document) and the regulation on discounts;

3) increases in prices (tariffs) regulated by state bodies (organizations) for material resources (raw materials, materials, components, etc.) and (or) services actually used in the production of consumer goods, as well as tax rates and other mandatory payments included in the cost of production, in proportion to their increase in accordance with the specific weight these costs in the cost of production;

4) the establishment of selling prices for new goods, subject to the application of the profitability standard used to determine the amount of profit to be included in the selling prices for such goods in the amount of no more than 10%.

The decision on price approval should be made within 10 working days, and in respect of perishable goods – no more than 5 working days.

Maximum marginal allowances have been established for importers, which should be used in the formation of selling prices for the list of goods, based on contract prices, customs duties, transportation costs, mandatory insurance costs, and other expenses related to the fulfillment of the requirements established by law when importing.

Importers are charged with the obligation to justify the contract price using the results of a study of market conditions, indicating the criteria for the selection of goods, commercial and (or) financial terms of delivery of goods.

For trade, maximum wholesale surcharges, trade surcharges (including wholesale) to the selling prices of producers, importers, business entities storing consumer goods from stabilization funds, procurement organizations, individuals are established. These figures cannot be exceeded regardless of the number of intermediaries involved. If the selling prices were formed without taking into account the delivery costs, then the subjects of trade have the right to attribute the amount of actual costs of delivering goods to an increase in selling prices.

From January 1, 2023, a ban on commodity exchange operations without receipt of funds (barter, exchange, offset, innovation, compensation) is introduced on the territory of the Republic of Belarus for legal entities and individual entrepreneurs. The exceptions are:

1) foreign trade operations;

2) transactions between organizations that are part of the holding established in accordance with the procedure established by law;

3) operations that are approved by a state body (organization) within the framework of an administrative procedure.

Contracts providing for the supply of goods manufactured in the Republic of Belarus, other civil law contracts related to the purchase and sale of such goods are subject to compliance with the requirements of the resolution within 10 days from the date of its entry into force.