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. —
Administrative-legal models of state management of tourism sector in the Russian Federation
// Legal Studies. – 2020. – ¹ 10.
– P. 15 - 26.
DOI: 10.25136/2409-7136.2020.10.34277
URL: https://en.e-notabene.ru/lr/article_34277.html
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Abstract: The formation of optimal system of state management of tourism sector is one of the most relevant problems of tourism development in Russia and abroad. The subject of this research is peculiarities of the models of state management of tourism sector, as well as federal and regional normative legal acts that establish the structure of executive branches and determine the competence of bodies that have special authority in tourism sector. The article explores the administrative-legal aspect of the foreign model of state management of tourism sector. The author reviews the evolution of formation of executive branches in the Russian tourism sector in pre-revolutionary, Soviet, and modern periods; as well as gives assessment to the existing model of tourism management in the Russian Federation in light of the Presidential Decree No. 372 of 06.05.2020 “On the Enhancement of State Administration in the Sphere of Tourism and Tourist Activities”. This article is first to analyze the models of state management of tourism sector implemented on the level of the federal subjects of Russia. The author comes to the following conclusions: the reform of national tourism administration will be continued; the most common model in the subjects of the Russian Federation is the model of cross-sector regulation 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.