Belarusian businesses were allowed to sell not only through online stores, but also in any other ways via the Internet, including social networks. Experts from the Myfin.by portal discussed the key changes in the Law of January 8, 2014 No. 128-Z “On State Regulation of Trade and Public Catering” with Alla Samsonova, Deputy Director of the accounting company “Accurate Accounting”.
New responsibilities for business
A number of terms have been changed or excluded from the law (the term “assortment list” has been excluded, the concept of an online store, public catering facility, etc. has been expanded). A number of references to other legislative acts have been excluded, which implies a strengthening of the regulatory function of the law.
Trade and public catering entities are entrusted with a number of additional responsibilities to provide MART, regional executive committees, and other government bodies at their request with any necessary information (clause 4 of article 10, clause 4 of article 11 of the law).
For failure to fulfill the obligation, the subject may be brought to administrative liability in accordance with Article 24.11 of the Code of Administrative Offenses in the form of a fine of up to 20 basic units.
Now you can conduct sales on social networks
Opportunities for online trading have been significantly expanded. Thus, the wording of paragraph 3 of Article 16 of the law has been changed: the right of traders has been added to carry out retail trade not only through an online store, but also using other information networks, systems and resources connected to the Internet, providing the opportunity to select goods and make a deal with by this trading entity a retail purchase and sale agreement in these networks, systems and on these resources. We assume that if the specified conditions are met, it is possible to trade directly through personal accounts on social networks, chats, etc., subject to the specified requirements.
Responsibility for sellers' compliance with consumer protection laws remains with the network owner.
The procedure for agreeing on operating modes has been simplified.
Thus, mandatory approval of operating hours is left only for retail facilities or catering facilities in which retail trade in alcoholic, low-alcohol drinks and (or) beer is carried out after 23:00 and before 7:00. The remaining facilities set their own operating hours (Article 17 of the law).
Instead of assortment lists – mandatory products
The assortment list has been cancelled, and instead a list of goods that must be available for sale in a retail facility has been introduced. In cases determined by the Council of Ministers, this list is subject to agreement with local administrations (Article 18 of the law).
It will become more difficult for suppliers
The requirements for supply contracts in retail chains have been changed.
When trading through retail chains, it is prohibited to impose on counterparties a condition to return to the supplier food products not sold by the trade entity, for which the shelf life (shelf life) is set to exceed thirty days; enter into an agreement between themselves containing conditions for the return (replacement, reimbursement of cost) to the supplier of food products accepted in terms of quantity and quality and not sold by the trade entity, with a shelf life of up to thirty days inclusive; other restrictions have been introduced.
It is prohibited to enter into agreements containing conditions for the provision of a number of remunerations (Articles 19, 19-1 of the law).
New principle of inclusion in the Trade Register
The procedure for including information in the Trade Register has been changed from notification to declarative. The subject has the right to carry out the relevant activities from the day the information is included in the Trade Register (earlier – from the day the object was created, but with mandatory subsequent notification). When carrying out activities without including information about a commercial facility in the Trade Register, liability arises in accordance with Part 1 of Art. 13.11 of the Code of Administrative Offenses in the form of a fine of up to 10 basic units.
New working conditions have been introduced for retail chains
The requirements for trading through retail chains have been changed.
Actions that limit (eliminate) competition or harm the rights of other persons, create discriminatory conditions, impose a certain price, etc. are prohibited. A number of other obligations and prohibitions have been established for retail chains (it is prohibited to impose conditions on a counterparty):
- on the ban on concluding contracts involving the supply of food products with other entities engaged in similar activities;
- on liability for failure to fulfill an obligation on more favorable terms than the conditions for other entities;
- on providing information about similar agreements concluded with other entities;
- on the reduction by the supplier of food products to a level that, subject to the establishment of a trade markup, will not exceed the minimum price for the sale of similar goods by trade entities, and others.
