Savichev A. —
Improvement of legislation on administrative offenses for breach of legislation of the Russian Federation on tourism activity
// Administrative and municipal law. – 2021. – ¹ 5.
– P. 1 - 8.
DOI: 10.7256/2454-0595.2021.5.36083
URL: https://en.e-notabene.ru/ammag/article_36083.html
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Abstract: The object of this research is the content of the Article 14.51 of the Code of the Russian Federation on Administrative Offences, which establishes administrative responsibility for breach of legislation of the Russian Federation on tourism activity. The subject of this research is the case law on administrative offenses set by the Article 14.51, normative legal acts, as well as scientific articles in periodicals. The activity of the Federal Agency for Tourism on identification of administrative offenses set by the Article 14.51 of the Code of the Russian Federation on Administrative Offences is exposed to critical assessment. The author indicates the declarative nature of the legal norms that stipulate the responsibility of tour operators and travel agents, as the terms of sale contracts for tourism product, to provide the tourist and (or) other customer with accurate information on the risks that the tourist may face during their trip, since there is currently no administrative responsibility for failure to provide such information. Based on the acquired results, the recommendations are formulated for the improvement of legislation on administrative offenses for breach of legislation on tourism activity: delegation of authority to initiate cases of administrative offenses set by the Article 14.51 (Paragraphs 1, 3, and 4) of the Code on Administrative Offences of the Russian Federation to the Federal Service for the Oversight of Consumer Protection and Welfare; establish the composition of administrative offenses in the Article 14.51 of the Code of the Russian Federation on Administrative Offences related to improper fulfillment of responsibilities by tour operators and travel agents on providing tourists with the information about risks they may face during their trip.
Savichev A. —
On legislative consolidation of classification of the types of tourism
// Law and Politics. – 2021. – ¹ 4.
– P. 63 - 72.
DOI: 10.7256/2454-0706.2021.4.35527
URL: https://en.e-notabene.ru/lpmag/article_35527.html
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Abstract: The successful development of tourism requires proper legal regulation. At the same time, the diversity of the types of tourism is virtually neglected by the legislator and does not receive due attention of the legal scholars. This question is being regulated fragmentary and inconsistently on the level of bylaws and legislation of the constituent entities of the Russian Federation. Occasional use of improper terminology, discrepancy in understanding of the essence of same types of tourism, disregard of their peculiarities impairs the effectiveness of state administration of tourism sector, negatively affects the quality of tourism services, and distorts the representations of Russia as a tourism friendly country. The article analyzes the grounds for classification of the types of tourism that have legal bearing: depending on the place of permanent residence of the tourist, on the purpose of tourist trips, on the way of organization of trip, on the social and age category of tourists. The conclusion is formulated that the key direction in improving sectoral tourism legislation consists in consolidation of extensive classification of the types of tourism and definition of concepts included therein in the Federal Law “On the Fundamentals of Tourism Activity”. For the purpose of unification of terminology, further development of tourism legislation, and improved quality of state administration of the tourism sector, the author proposes the original classification of tourism.
Savichev A. —
Legal regulation of the work of tour guides, guides-interpreters and guides-instructors: the experience of the constituent entities if the Russian Federation and prospects for federal regulation
// Administrative and municipal law. – 2020. – ¹ 3.
– P. 1 - 12.
DOI: 10.7256/2454-0595.2020.3.32564
URL: https://en.e-notabene.ru/ammag/article_32564.html
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Abstract: The subject of this research is the legal norms regulating the work of tour guides, guides-interpreters and guides-instructors in the Russian Federation. The author analyzes the positions of the Federal Law of 11.24.1996 No.132-FZ “On the Basics of Tourism in the Russian Federation” and draft Federal Law No.864169-7 “On Amendments to Separate Legislative Acts of the Russian Federation for the Purposes of Improving Legal Regulation of Tour guides, Guides-Interpreters and Guides-Instructors”, as well as regional normative legal acts, establishing requirements on mandatory of voluntary accreditation of these specialist in particular constituent entities if the Russian Federation. The author concludes that the systems existing in the separate constituent entities if the Russian Federation for accreditation of tour guides, guides-interpreters and guides-instructors require improvements. Solution of the problem is seen in organization of the work of the aforementioned subjects of the tourism industry by establishing uniform legal regulation on the federal level. The result of the analysis of the draft Federal Law No.864169-7 produced a number of proposals aimed at improving separate aspect of legal regulation of the work tour guides, guides-interpreters and guides-instructor.