<<
>>

national system of the legislation in the field of regulation of the organised tourism

The constitution of the Russian Federation accepted by plebicite on December, 12th, 1993, in article 27 grants the right kazhdoyomu who lawfully is in territory of the Russian Federation freely to move, choose a place of stay and zhitelyostvo, and also freely to leave for limits Russian FedeYOratsii.

And to the citizen of the Russian Federation - the right besprepjatyostvenno to come back to the Russian Federation. Under the Constitution everyone has the right to rest (item 37). According to Constitution article 41 in the Russian Federation are financed fedeyoralnye programs of protection and strengthening of health of the population..., the activity promoting strengthening of health of the person, to physical training and sports development is encouraged. The Russian Federation guarantees to the citizens protection and pokrovitelyostvo behind its limits (item 61). Named constitutional poyolozhenija are the basis for creation of corresponding legal base in tourism sphere.

Last decade has shown, that ample opportunities of the industry of tourism and travel should not be preyodostavleny to an ox of a case any more, and the order of the organisation of travel, in particular stay of foreign subjects in this or that country, as well as international tourist activity, will be under the strict state control.

The major politiko-legal decisions accepted rossijyoskim by the state in 2004 - 2010, have given an essential push to development of the organised tourism, increase of its importance for social and economic development of the Russian Federation and promoted formation competitive natsionalyonoj to the tourist industry.

The key purposes, problems, principles and directions gosudaryostvennoj politicians of Russia in tourism sphere are defined in a number regulatory legal acts:

- In the Federal act «About bases tourist dejatelyonosti in the Russian Federation where ways (ways) of state regulation turistyoskoj are particularly specified activity;

- In the Concept of long-term social and economic development of the Russian Federation for the period till 2020;

- In the Basic directions of activity of the Government of the Russian Federation for the period till 2012;

- In Strategy of development of tourism in the Russian Federation till 2015;

- In the Concept of the federal target program «Development of internal and entrance tourism in Russian FederaYOtsii (2011 - 2016) [63] and other politiko-legal documents.

On June, 3rd, 2006 the President of Russia has signed Federal act N 76-FZ “About modification of the Federal act“ About the special economic areas in the Russian Federation ”[89]. The law has entered the third type of the special economic areas« turistsko - recreational special zones ». The Novel completely lean against the passed law on the special economic areas taking into account features of functioning of tourist zones. Invariable there was a general order of creation, the mechanism of functioning of the special economic areas and management of them. Again accepted zayokon began to define features of creation and the termination sushcheyostvovanija the turistsko-recreational special economic areas, and also a condition of realisation enterprise dejatelnoyosti in their territories.

Under the assumption of the Chairman of Committee GosudarstvenYonoj of the Duma on N.V.Komarovoj's natural resources turistsko - recreational zones where all necessary tourist infrastructure is created, become the centres of the organised tourism in RosYOsii and rendering of qualitative services to tourists [26].

The accepted changes on December, 25th, 2008 in Federal zayokon from October, 6th, 2003 N 131-FZ “About the general principles orgayonizatsii local government in the Russian Federation” have granted the right to local governments to carry out polnomoyochija on tourism development in the territories [90]. These izmeneyonija are connected with investment of powers in sphere of tourism of local governments. Thus, the rights of local governments of settlement to the decision of the questions which have been not carried to questions of local value of settlements, have replenished with points allowing creation of conditions for tourism development.

Hence, the legislator had been generated a legal basis for more active realisation of a municipal policy in sphere of tourism which is continuation gosudarstvenyonoj politicians at local level. Henceforth bodies local samoyoupravlenija all levels have possibility more effectively to carry out actions for support and development of tourism and to create corresponding bodies of municipal management of tourism sphere.

Gradually tourism has ceased to be "stepson", to nobody inyoteresnym and maloperspektivnym employment. As notices zamestiyotel minister Minsportturizma N. A.Nazina, regional vlayosti several years ago in an emphasis did not see tourism, and now bolyoshinstvo governors understand, that at the expense of its development it is possible to receive significant economic benefit, and also to raise population employment, to provide growth of incomes and quality of a life of Russians [47].

To probably, such relation of the regional authorities poyovlijalo decision-making at legislative level of the Russian Federation, that henceforth since November, 30th, 2010 new power on creation of favorable conditions for tourism development in the territories [91] is given to subjects of the Russian Federation.

In this connection the special urgency is got by questions reyoalizatsii a state policy and realisation pravopriyomenitelnyh functions in tourism sphere. About value of tourism for social and economic, cultural, ecological razviyotija regions of Russia testifies formed zakonodayotelstvo subjects of the Russian Federation about tourist dejatelyonosti. According to Federal agency on tourism of the Russian Federation in 48 subjects there are special laws, reguyolirujushchie public relations in sphere of tourism [74].

These laws in different subjects are named differently: «About tuyorizme», «About tourist activity in the subject Russian FedeYOratsii», «About support of development of tourism», «About development vnutrenneyogo and entrance tourism».

In 65 subjects of Russia realizovyvajutsja regional tseleyovye programs of development of the tourism, approved postanovlenijayomi heads of subjects of Russia. In five subjects Concepts of development of the tourism, approved by Laws of subjects of Russia are accepted.

Acceptance by the legislator of new amendments in Federal ZaYOkon «About the general principles of the organisation of local government in the Russian Federation» has caused changes and in Charters muniyotsipalnyh formations. Henceforth powers municipal obyorazovany were added with the positions, allowing to be engaged in development internal and entrance turizmov.

Since 2010 almost has everywhere begun normotvorcheskaja activity of representative bodies local samoupravleyonija on acceptance of the munitsipalno-legal acts approving the Concepts of development of tourism in territories municipal obyorazovany.

Thus, from the beginning of XXI century we become svideyoteljami as the national system of the legislation in the field of regulation of the organised tourism in the Russian Federation is formed.

As is known, in a jurisprudence science, under the statement teoyoretika the rights of professor A.B.Vengerov (1928-1998 of), the legislation system can be under construction, including under sources of law [9, with. 383], that in turn confirms judgement on etoyomu to an occasion of other known Russian theorist of the right of S.S.Alekseeva. Therefore it is obvious as now normativnoyopravovye the certificates regulating tourist activity in Rosyosijsky Federation so successfully are located in harmonous system of the legislation of our state on all its levels.

According to S.S.Alekseeva legislation system skladyyovaetsja as a result of the edition of rules of law, their fastening in ofiyotsialnyh certificates and ordering of these certificates. It has difficult structure. Depending on the bases (criteria) of S.S.Alexey allocates horizontal, vertical, federal and komyopleksnuju systems of the legislation [1].

In the field of regulation of the organised tourism the vertical (hierarchical) structure most full reflects hierarchy of regulatory legal acts on their validity. At the head of system of regulatory legal acts Russian FedeYOratsii there is a Constitution, further there are federal acts, ukayozy the President, the governmental orders, normative acts of local authorities, local normative acts. Such rasyopolozhenie regulatory legal acts in our opinion naiyobolee full shines system formed zakonodatelyostva in sphere of the organised tourism.

The basic directions of development and right perfection are connected with social and economic and political reforyomami, occurring in the country. Simultaneously there are deep processes of change of the maintenance of the right, updating zakoyonodatelstva and comprehension of a new role of the legal phenomena to human lives and societies.

Complex formations in legislation system sklayodyvajutsja depending on object of legal regulation and government system. In such a way for poyoslednee time the transport legislation, the normative acts defining a legal status of separate social groups (youth, women, veyoteranov), etc. [1] were formed prirodoohranitelnoe.

It is necessary to notice, that the legislation system in oblayosti the organised tourism develops not only for uporjayodochennosti stability of the legislation, but, according to A.B.Vengerov and for requirements of social board. It as is necessary for corresponding subjects of management that they could use effectively rules of law, could find them, and the main thing - to execute and apply.

The Regulatory legal acts entering into system zakonodayotelstva of organised tourism can be grouped on sleyodujushchim to groups:

1. Certificates of federal public authorities.

2. Certificates of public authorities of subjects of Rossijyosky Federation.

3. Certificates of local governments.

4. Contractual norms of subjects of the organised tourism.

5. International treaties and agreements.

The specified legal sources quite form kompleksyonuju legislation branch - the tourist legislation which has the subject of regulation, is constant sovershenyostvuetsja, replenishes, showing the specificity and known integrity [11, with. 4].

Thus, there is a formation of new structure zayokonodatelstva, caused by differentiation of powers between Federation, republics as a part of Russia and others subekyotami Federations, and also local governments. poyojavljajutsja new kinds of acts (charters of edges, obyolastej, regional, regional laws, decrees, decisions guberyonatorov, heads of administrations and other normative acts, and also munitsipalno-legal certificates) [1].

The further development of legal rules in sphere organizoyovannogo tourism have great value. To not an old time, according to the President of the International forum of lawyers in sphere of tourism and travel (IFTTA) John Dounsa, occurred the academic and analytical hegemonies of an economic science. The international designations were used for transfer ekoyonomicheskih terms, but they have appeared useless or nedoyostatochno exact for the decision of legal problems. The economic collapse in South East Asia and the Eastern Europe in 1990 goyodah and world crisis of last years has shown, that the governments of the states began to understand about emergency of legal regulation and effective pravoprimenenija, including in tourism sphere that the free markets could work correctly [20, с.17].

For the Russian Federation, thereupon, it is very important proizyovesti codification of all standard legal acts and otdelyonyh the legal rules regulating questions of organised tourism by their association, at simultaneous elimination of existing blanks, in the universal legislation, naming its Tourist code.

In other words, in our opinion, has ripened neobhodiyomost creations of new complex branch of the Russian right - the tourist right. In this branch of the tourist right it is necessary to define the national policy and priorities in area tuyorizma. It is obligatory to establish rules and rendering standards tuyoristskih services to subjects of tourist activity and the tourist industry as a whole. To result the minimum norms and systems of classifications of objects of the tourist industry. To provide measures on perfection and carrying out during a life of tourist laws and the subordinate legislation. To define financial preferenyotsii for internal and foreign investors, zainteresovanyonyh in development of the Russian tourism. To establish protection and poyorjadok uses of tourist resources and environment, and as safety issues of tourism and other not less important pressing questions [62].

In the same complex branch of law in our opinion neyoobhodimo to designate a legal status of subjects of system of bodies and the organisations of sphere of tourism and to give the information:

1. About federal enforcement authority in sphere tuyorizma, about enforcement authorities of subjects of the Russian Federation in tourism sphere, about enforcement authorities in tourism sphere in municipal unions and their powers;

2. About kinds of the tourist organisations irrespective of the organisation-legal forms participating in formation, advancement and realisation of a tourist product, including foreign persons (physical and-or legal), realising tourist products in territory of the Russian Federation;

3. About the organisations of material, scientifically-methodical, advertising-information and other maintenance of activity of the tourist organisations;

4. About educational institutions professional obyorazovanija in sphere of tourism of all types and kinds irrespective of organisation-legal forms;

5. About all-Russian, inter-regional, regional, muyonitsipalnyh the public associations created and dejstvuyojushchih with a view of development of tourism;

6. About the organisations using tourist resources as factors of manufacture of a tourist product;

7. Other data on bodies and the organisations which are zveyonjami of tourist activity as branch of economy [11. With. 29 - 30].

Thus, complex legal influence will allow more effectively and to solve purposefully economic and soyotsialnye the problems arising in sphere of tourism.

It is thought for implementation of these projects to the state in the name of Federal agency on tourism it is necessary aktiviyozirovat efforts on consolidation of the lawyers working in sphere of tourism, for the purpose of use of their experience, knowledge, skills and umeyony in legal maintenance of subjects of the organised tourism. Responsibility lays down on these lawyers on increase of efficiency of protection of the rights and legitimate interests of tourists, foryomirovaniju at all participants of tourist activity of high level of legal culture and tourist consciousness.

Finishing our research it is necessary to notice, that at the present stage there were preconditions planiroyovanija the organised tourism at the state level, osoyobenno at federal level as it has the same value as well as other kinds of economic and social activity. poyostepenno it starts to be created original national turistyoskaja a policy and corresponding legislative base and vozmozhyono, in the near future, we have the right to hope, that will be created noyovaja branch of the complex right - the tourist right of Russia.

Briefing told, it is necessary to note that:

1. The problem of creation of an image of the country favorable for poseshcheyonija, is exclusively state problem, that podyotverzhdaetsja world practice.

2. The essential role for the decision of arising problems in the market of tourist services is taken away to the right as the right in soyovremennyj the period becomes the important lever of forward development of economy, creates its standard base, makes active exchange relations, initiates reasonable display initsiayotivy and enterprise. The right regulates economic otyonoshenija, within the limits of the current legislation, defines prospect of development of processes in a desirable direction, vytesyonjaja the out-of-date and become obsolete forms.

3. To the beginning of the second decade of the XXI-st century Russian gosudaryostvo and subjects of the organised tourism, forming own way, began to accumulate the legal experience corresponding miroyovym to standards.

4. By the same period the system of the legislation in the field of regulation orgayonizovannogo tourism in the Russian Federation was practically formed natsioyonalnaja.

5. Has ripened necessity of creation new complex otrasyoli the Russian right - the tourist right of Russia.

Tourism - the activity associating with rest, dosuyogom, sports and dialogue with culture and the nature, should planiyorovatsja and practise as exclusive means indiyovidualnogo and collective perfection, that is dostojyono to be organised by subjects of tourist activity.

Tourist activity gosudaryostvom admits the Russian Federation as one of priority branches of economy and consequently demands reliable state-legal reguliroyovanija, that is creations of favorable conditions for its development. According to legislative requirements of the state, organizayotory travel should provide to tourists clearness poloyozheny contracts, character, the prices and qualities of services which they undertake to give and fiscal obligations, in a case odyonostoronnego contractual delinquencies from their party.

From the beginning of XX century there was a mass organised tourism in economically developed countries, and lawyers have met the first difficulties connected with refusal to aid of services, preduyosmotrennyh contracts. Or rendering of services it is not enough vyyosokogo a class. In this connection there was a necessity mezhdunayorodnogo cooperation in the field of the organised tourism.

On January, 2nd, 1975 at active participation of Organization ObeYodinennyh of the Nations obrazovyvaetsja international mezhpravitelyostvennaja the organisation in the field of tourism World tourist oryoganizatsija (JUNVTO) to which began to belong central and reyoshajushchaja a role in cooperation maintenance on tourism development.

In 1983 the International forum of the lawyers specialising in area of legal maintenance of tourism and travel (IFTTA) is founded. The forum became noncommercial organizayotsiej where some hundreds experts co-operate, zaniyomajushchihsja legal aspects of tourism from more than 50 states of the world. Approximately since same time studying of the tourism which has begun in economy, is covered practically by all sciences, in that chisyole and jurisprudence.

Last decade of XXI century has shown, that ample opportunities of organizers of the travel which have consolidated in induyostriju of tourism and travel, should not be any more predostav -

leny to an ox of a case, and an order of the organisation of travel, in osobenyonosti stay of foreign subjects in this or that country, as well as international tourist activity, will be nahoyoditsja under the strict state control.

By results of monographic research by the author sdeyolan a conclusion that the organised tourism as one of tourism forms in the Russian Federation, is carried out as prioritetyonaja branch of economy and is the subject of state regulation of tourist activity. Taking into account it the author formulates concept definition «the organised tourism».

«The organised tourism are travel (time vyyoezdy) citizens of the Russian Federation, foreign subjects and stateless persons (further - persons), organizuemye and offered by the tourist organisations, and as their activity on okazayoniju a complex of services to tourists during travel under the contract on realisation of a tourist product».

The made definition completely corresponds to equity of statute and corresponding requirements of the state, as to tourists, and organizers of travel, that is forming, prodvigajuyoshchim and realising a tourist product.

On the basis of the analysis of scientific ideas, opinions, positions of scientists and experts by the author it is formulated a little printsipialyonyh conclusions:

1. Occurrence of the international organised tourism was promoted by formation and development capitalist otnoyosheny in the world. The modern organised mass tourism in Europe has received development in XIX century - basically with rasprostraneyoniem railways and steamships.

2. From the middle of XX century the organised tourism has started to be considered as a subject of scientific studying, and to be exposed to ordering. Scientists have realised importance of tourism as object of a science, have started to hold corresponding scientific meetings, konyoferentsii, etc. Rapid development of the organised tourism began to turn on itself and sights of lawyers, international bodies and the organisations on purpose to settle the given international, international movement of the goods, services and people; to protect suveyorenitet and safety of the state; to give the special status to the international tourists, to delimit them from other visitors.

The studying of the tourism which has begun in economy, it began to be covered practically by all sciences, including jurisprudence.

3. The international legal organisations, gradually reyoguliruja relations in tourism sphere, have used the best efforts in legayolizatsii uniform definition of tourism as a whole and the international tourism in particular in member states of the United Nations, thereby poyolozhili the beginning of its international legal regulation.

4. The first data on the organised tourism in our country have appeared in December, 1777, with publication «the Plan of precomprehensible travel in another's krai», constituted VeYOniaminom Genshem. Thus, our compatriot V.Gensha can be carried safely to founders modern turopeyoratorskogo affairs not only in Russia, but also all world.

Origin of the domestic organised tourism otnoyositsja by the end of 1800th years. In 1885 in Petersburg Leopold Lipstonom had been created «the Enterprise for public puteyoshestvy in all cardinal points», having commercial character and acquainting the Russian people basically with European strayonami.

5. The period with 1885 for 1917 occurs predprinimatelyosky the period in development of tourism of Russia. Then in massoyovom an order there are societies of a tourist orientation: the Society of fans of natural sciences (OLE), the Crimean mountain club, the Caucasian mountain club, the Circle of fans mountain sporyota and the Crimean mountains, the Enterprise for public travel to all cardinal points Lipstona and others. The organised tourism as sphere of service and economy branch only starts to be formed and has basically either elite character, or prosvetitelsko-propaganda. Activity various oryoganizovannyh the tourist enterprises (societies and the organisations), and also the actions spent during this period, were regulated or the Decree and the Instruction of the Emperor, or Plans and UstaYOvami, the approved state bodies of Russian empire. Thus, the basic normative act, reguliyorujushchim activity created on public principles tuyoristskih the organisations (the enterprises and societies) was Having got tired.

6. Questions of the organised tourism during the Soviet period till 1990th years constantly were improved and were vnachayole under attention of the state, and then the state and trade unions. The basic legal acts regulating tourism in these peyoriod, the Charters approved state organayomi of the power, the Decision of executive powers gosudarstvenyonoj the authorities and joint Decisions of the Soviet, party, Komsomol and trade-union bodies of the state are.

7. Accepted by plebicite on December, 12th, 1993, the Constitution of the Russian Federation became the basis for sozdayonija corresponding legal base in tourism sphere. KonstiYOtutsija in article 27 grants the right to everyone who lawfully is in territory of the Russian Federation freely to move, vyyobirat a place of stay and a residence, and also it is free vyezyozhat for limits of the Russian Federation. And to the citizen of Rossijyosky Federation - the right free to come back in Rossijyosky Federation. Under the Constitution everyone has the right to rest (item 37). According to Constitution article 41 in the Russian Federation federal programs of protection and strengthening of health of the population are financed..., activity, spoyosobstvujushchaja to strengthening of health of the person, development fizicheyoskoj culture and sports is encouraged. The Russian Federation guarantees to the citizens protection and protection behind its limits (item 61).

8. With the edition in 1994 the President of Russia of Decrees «About doyopolnitelnyh measures on tourism development in Russian FederaYOtsii and about state ownership streamlining in tourism sphere», «About reorganisation and tourism development in the Russian Federation», approved the Concept of reorganisation and tourism development in the Russian Federation where one of an overall objective had been named creation of is standard-legal base of development tuyorizma, corresponding to world experience both legal practice, and acceptance on February, 26th, 1996 the Governmental orders of the Russian Federation, approving the Federal target program «tourism Development in the Russian Federation», was poyolozheno the beginning to actual state regulation of tourist activity.

9. The Federal act accepted on November, 24th, 1996 «About bases of tourist activity in the Russian Federation» opreyodelil the principles of a state policy directed on an establishment of legal bases of the uniform tourist market in Rosyosijsky Federation. Has started to regulate relations, voznikajuyoshchie at realisation of the right of citizens of Russia, foreign subjects and stateless persons on rest, a freedom of movement and other rights at fulfilment of travel, and also has defined an order rayotsionalnogo uses of tourist resources of ours gosudaryostva. For the first time at legislative level the basic concepts used in sphere of tourism have been entered, thereby there was postavyolena a point in a different interpretation of the definitions, used different isyotochnikami in own way.

10. The major politiko-legal decisions accepted rosyosijskim by the state in 2004 - 2010, to a distance essential tolyochok to development of the organised tourism, its increase znachiyomosti for social and economic development Russian FeYOderatsii also promoted formation of the competitive national tourist industry.

The key purposes, problems, principles and directions gosudaryostvennoj politicians of Russia in tourism sphere are defined in a number regulatory legal acts:

- In the Federal act «About bases tourist dejatelyonosti in the Russian Federation where ways (ways) of state regulation turistyoskoj are particularly specified activity;

- In the Concept of long-term social and economic development of the Russian Federation for the period till 2020;

- In the Basic directions of activity of the Government of the Russian Federation for the period till 2012;

- In Strategy of development of tourism in the Russian Federation till 2015;

- In the Concept of the federal target program «Development of internal and entrance tourism in Russian FederaYOtsii (2011 - 2016) and others politiko-legal doyokumentah.

On June, 3rd, 2006 the President of Russia has signed Federal act N 76-FZ “About modification of the Federal act“ About the special economic areas in the Russian Federation ”, koyotoryj has entered the third type of the special economic areas“ turistsko - recreational special zones ”. The law began to define features of creation and the termination of existence of the turistsko-recreational special economic areas, and also realisation conditions predyoprinimatelskoj activity in their territories. Are assumed, that turistsko-recreational special zones become the centres of the organised tourism in Russia and rendering of qualitative services to tourists.

The accepted changes on December, 25th, 2008 in Federal zayokon from October, 6th, 2003 N 131-FZ “About the general principles orgayonizatsii local government in the Russian Federation” have granted the right to local governments to carry out polnomoyochija on tourism development in the territories. Hence, the legislator had been generated a legal basis for more active realisation of a municipal policy in sphere of tourism which is state policy continuation at local level.

To the relation of the regional authorities to the tourism organisation poyovlijalo decision-making at legislative level of the Russian Federation, that since November, 30th, 2010 new power on creation of favorable conditions for tourism development on the territoriyojah is given to subjects of Rossijyosky Federation. In 48 subjects there are special laws, regulirujuyoshchie public relations in tourism sphere. In 65 subjects of Russia realizovyvajutsja regional target programs razyovitija the tourism, approved by Decisions of heads of subjects of Russia. In five subjects Concepts of development of the tourism, approved by Laws of subjects of Russia are accepted.

Thus, from the beginning of XXI century the system of the legislation in the field of regulation orgayonizovannogo tourism in the Russian Federation is formed natsioyonalnaja.

11. To the beginning of the second decade of the XXI-st century Russian goyosudarstvo and subjects of the organised tourism, forming sobyostvennyj a way, began to accumulate legal experience, sootvetstvujuyoshchy to the world standards.

By the same period the system of the legislation in the field of regulation organiyozovannogo tourism in the Russian Federation was practically formed natsionalyonaja. Has ripened neobhodiyomost creations of new complex branch of the Russian right - the tourist right of Russia.

<< | >>
A source: Egorov V. E.. State-legal regulation organised tuyorizma (istoriko-theoretical legal research): monograyofija / V.E.Egorov. - Pskov, 2011. - 112 with.. 2011

More on topic national system of the legislation in the field of regulation of the organised tourism:

  1. state-legal regulation of the organised tourism in the XXI-st century
  2. occurrence of the organised tourism to Russia and preconditions of its standard regulation
  3. maintenance of the competitive environment in tourism sphere. System of state regulation of tourism
  4. Is standard-legal regulation of the organised tourism in the Soviet Russia
  5. the General concepts about tourism and the organised tourism
  6. Chapter 3. The organised tourism during the modern period and its state-legal regulation
  7. occurrence of the organised tourism at different historical stages of development of mankind and the precondition of its legal regulation
  8. Tourism as sphere of economy of a national economy. Methods of an estimation of degree and efficiency of effect of tourism on state economy
  9. § 2.3. Transformation of positions of "the soft right» in the field of space activity in the national legislation (on an example of the separate states and the European Union)
  10. Chapter 1. Origin of the organised tourism at the international level and its legal support
  11. § 4. Regulation in system of measures on maintenance of stability of national payment system of Russia