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the General concepts about tourism and the organised tourism

Tourism as the most popular kind of productive leisure ljuyodej becomes practically a human life integral part on the earth with its natural aspiration to opening and knowledge of the new countries, the earths, nature sanctuaries, histories and cultures, customs and traditions of the different people.

Scales tourist dviyozhenija become fast-growing, the variety of forms of tourism and recreational requirements grows also. Tourism, during the modern period, becomes the important factor of improvement of the person, poyovyshenija its creative activity, outlook expansion.

Tourism is included, as is known, into number of leading branches miroyovogo an economic complex. On economic indicators it takes the second place after oil refining branch, and on number of workplaces strongly keeps the first position.

Tourism (frants. tourisme, from tour - walk, a trip), putesheyostvie (a trip, a campaign) at leisure (holiday, a vacation, etc.); a productive leisure kind, means of improvement, knowledge, duyohovnogo and social development of the person [94].

But nevertheless, to give to concept "tourism" any one opredeleyonie, adequately reflecting its essence at all times, from peryovyh the displays of tourist activity leaving on neskolyoko of centuries back about one today, a problem not razreshimaja. And tourism definition appears later, in the XX-th century, before tourism was understood as travel.

Under the statement of known French philosopher Jean Bodrijjara in the past travel was way to appear on that party something, to leave in anywhere. Nowadays it is unique vozmozhyonost to test sensation of stay somewhere [96, with. 222].

According to the Russian scientists tourism is shown in many forms and aspects, therefore to give to it unique and exact opreyodelenie as it is practically impossible. In the encyclopaedia turizyoma [22] which authors are known scientists I.V.Zorin and V.A.Kvartalnov, it is spoken: «the Description of the concept of tourism and whenever possible more exact definition is to necessary requirements owing to following reasons:

With a view of studying, the analysis and development forecasting tuyorizma as social and economic phenomenon;

For static research of tourism with possible bolyoshej accuracy;

For address distribution of tourism legal and ekoyonomicheskih preferentsy, provided by the legislation of some the countries and communities ».

According to authors one of the first and the most exact opreyodeleny tourism which in the basis is used till now for instructions on the most essential characteristics, otlichajuyoshchie it from all kinds of activity, has been given by professors of the Bern university (Switzerland) Hunzikerom and Krapfom, and, it was accepted the International association scientific eksyopertov on tourism later. These scientists have defined tourism as a number javyoleny and the mutual relations arising as result putesheyostvy of people until it does not lead constant preyobyvaniju and is not connected with reception of any benefit (income).

But nevertheless, this definition not full as it not kasayoetsja the excursions which have been not connected with spending the night, and also business puteyoshestvy, providing income reception, even when it is received not in host country. Scientists notice, that it is difficult enough to establish distinctions between business travel and travel for the purpose of entertainment as the majority puteyoshestvy is a combination of these two purposes.

I.V.Zorin and V.A.Kvartalnov, being based on set of economic characteristics of tourism, give following kontsepyotualnye definitions:

Tourism as process and result of movement of people on various tourist routes;

Tourism - travel to a residence and stay

There;

Tourism is a departure from the country (region) constant proyozhivanija the tourist;

Tourism is a returning in the place of permanent residence in some days, weeks or months;

Tourism is an excursion, travel without constant proyozhivanija in the tourist centre, not having for an object reception doyopolnitelnogo the income.

They also underline, that tourism is activity, razyovitie which depends on available financial and time resources of consumers of tourist services [22, with. 265-269].

And so, tourism is all-consuming and all the incorporating sphere including both economy, and sociology, both psychology, and foreign languages, and computer science, and many other things.

“Tourism - on V.A.Kvartalnova's well-aimed expression, is and contacts to people, both the international relations, and interesting labour activity. Tourism is a tool of the world and sotrudniyochestva, this familiarising of citizens of our country and numerous foreign visitors to great historical and cultural nayoslediju Russia” [27, with. 3].

At legislative level, tourism are time vyyoezdy (travel) of citizens from a constant residence in medical-improving, recreational, informative, fizkulturno-sports, is professional-business, religiozyonyh and other purposes without employment by the activity connected with poluyocheniem of the income of sources in the country (place) time prebyyovanija [88].

However it is necessary to notice, tourism shares on two osnovyonye forms which essentially differ from each other.

The first form is an amateur tourism, it is based on full or prevailing independence of tourists at oryoganizatsii and carrying out of various travel. The basic osoyobennostju amateur tourism is that it not treyobuet the big material inputs, as appreciably organizational both material support osuyoshchestvljaetsja forces and means of tourists [94], praktiyocheski without what participation or the tourist organisations, and as state and municipal authorities. Besides amateur tourism does not demand legal regulation, goyosudarstvo only keeps its further development.

The second form - the organised tourism. In the Encyclopedia tuyorista to the organised tourism following definition is made are the travel provided with the tourist organisations and the enterprises, regulated on a route, prodolzhiyotelnosti, for stay in corresponding points marshyoruta, the place of residence, a food etc. for a corresponding payment on a contract basis in conformity the tourist permit [In the same place. With. 79 - 80].

In Soviet time with 1917 for 1991 this form turizyoma was called also as planned tourism as travel were planned and organised republican, kraevyyomi, country councils on tourism and excursions (STE) or Turistsko-excursion production associations (TEPO), and as Travelling agency and excursions.

Now maintenance of the rights of citizens on rest, svoyobodu movement and other rights at fulfilment of travel, the organisation of active and substantial rest of a steel the important social problem of our state which have proclaimed with the social state [33], and the organised tourism prevrayotilsja in large branch of service of the population of our country.

Organizers of travel form, advance and realiyozovyvajut the tourist product created by them, are engaged okazayoniem services to tourists who in this case are potrebiteyoljami these services and consequently both organizers and tourists sharply nuzhyodajutsja in legal regulation in realisation of tourist services.

Since December, 1991 the new stage of development of tourism in Russia to which preceded change political and ekonoyomicheskogo a system has begun. There was a set of businessmen with razyolichnoj the organisation-legal form, engaged organiyozatsiej tourism and rest of our citizens.

The basic participants, organizujushchimi travel stayoli tour operators and travel agents. Tour operators are the organisations making (forming) tourist product, prodviyogajushchie it on the market of tourist services and realising it turiyostam on the basis of the realisation contract turprodukta. Travel agents are individual private businessmen, or the organisations which have concluded dogovory with tour operators on advancement and reayolizatsiju of a tourist product, generated by tour operator from their name or on its own behalf.

Thus, tour operators and travel agents became osnovnyyomi the subjects who are carrying out tourist activity on the organisation of travel of our citizens. In other words tuyoristskaja activity is turoperatorskaja and turagentskaja dejayotelnost, that is activity on the tourism organisation in our country.

Hence, the basic subjects organised tuyorizma are tour operators and travel agents.

According to the known scientist-lawyer working in sfeyore of tourist vocational training as N.I.VoloshiYona, many years tourist activity, rendering of tourist services had no legislative regulation that generated not civilised development of the tourist market [10, with. 38]. IndiYOvidualnye private businessmen, the economic societies which are engaged in tourist activity, itself Russian goyosudarstvo began to be in great need in special gosudarstvenyonom the act which would regulate tourist activity, providing thus rendering of tourist services within the limits of a legal field, protecting interests of our citizens - poyotrebitelej the organised tourism.

Hence, in process of development of our society, occurrence of new public relations, relations began to arise all bolyoshe the questions not settled directly by the law. It is a natural course of process of social development [8, with. 137].

In this situation, according to O.V.Martyshina, the legislation remains to one of the major means of its achievement [40, with. 10].

The organised tourism is thought for this reason requirement in new normativnoyopravovyh certificates and the laws regulating tourist dejatelyonost, that is, became continuously vozrasyotat.

On April, 25th, 1994 the President of Russia publishes the Decree «About dopolyonitelnyh measures on tourism development in the Russian Federation and about state ownership streamlining in sphere turizyoma» [81]. The decree in item 1 ordered: «to Recognize as one of prioriyotetnyh state problems all-round support of development of tourism in the Russian Federation».

Thus, it is possible to assume, that since this moment was the basis of formation of legal base rossijskoyogo tourism during a new epoch, a market economy epoch is laid.

On December, 22nd, 1995 the President of Russia publishes the following Decree «About reorganisation and tourism development in Russian FederaYOtsii» [82]. The decree has approved the reorganisation and development Concept tuyorizma in the Russian Federation. It is remarkable, that in Concepts tourism is included in the list of the basic directions of structural reorganisation of new Russian economy. One of the basic measures on realisation of the Concept, achievement of its overall objective had been named creation of is standard-legal base of development of the tourism, corresponding to world experience and legal practice.

On February, 26th, 1996 the Governmental order of Rossijyosky Federation «tourism Development the Federal target program affirms as the Russian Federation» [57], developed taking into account the named Concept.

Thus, the Program has begun fakticheskoyomu to state regulation of tourist activity, has defined the basic directions of development of tourist branch in Russia for the long-term period.

On January, 26th, 1996 the President of the Russian Federation the Federal act installing second part of the Civil code of the Russian Federation [93] subscribes. With priyonjatiem the Civil code in conformity articles 779 - 783 chapters 39 «Vozmezdnoe rendering of services» have been settled imuyoshchestvennye relations in tourism, thereby has arisen opredeyolennaja stability in regulation of relations in tourist activity.

On November, 24th, 1996 the President of Russia has signed the Federal act «About bases of tourist activity in Russian FederaYOtsii» [88]. The passed law has defined the principles of a state policy directed on an establishment of legal bases of the uniform tourist market in the Russian Federation, has started to regulate the relations arising 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 of rational use tourist reyosursov our state.

It is necessary to notice, that for the first time on legislative urovyone the basic concepts used in sphere turizyoma have been entered, the point in a different interpretation of the definitions, used by different sources in own way thereby has been put.

Some lawyers this law for brevity became nazyyovatsja the Law on tourism. For example, N.V.Voloshin in the textbook «in tourism» applies Legal regulation such terminoyologiju (p. 18, p. 19 etc.).

However in our opinion the Federal act «About bases of tourist activity in the Russian Federation» to name ZakoYOnom about tourism categorically it is impossible, as tourist dejatelyonost it not tourism, and only a part in tourism sphere. Tourism assumes more volume value, rather than tourist dejayotelnost - activity of separate subjects tourist dejayotelnosti (tour operators and travel agents).

Thus, naming the law inappropriate under the maintenance the Law on tourism, authors of textbooks thoughtlessly mislead our citizens, students and participants tuyoristskoj spheres.

In our opinion the Federal act «About bases turistyoskoj activity in the Russian Federation» more sootvetstvuyoet to the name as the Law on the organised tourism in the Russian Federation. Especially having passed of the named law, Russian gosuyodarstvo recognised itself as one of participants, the subject pravootyonosheny in regulation of the organised tourism in the Russian Federation.

As a lack, it is necessary to notice, that in the Law (item 1.) otsutyostvuet concept of "the organised tourism», and here the concept "samoyodejatelnogo", that is tourism, organizuemogo tourists samoyostojatelno, is available. Thus, the impression is made, that the organised tourism is identified with concept tourism. OtYOsutstvie such concept of the Law maintenance in practice vyzyyovaet different interpretation by separate sources in own way. In jurisprudence this definition as is absent.

The known theorist of the right professor A.B.Vengerov on takoyomu to a case notices, that «Often legislator specially not rasyokryvaet those or other concepts, sometimes does not know or is not able to open them, sometimes - does not want, sometimes - as a result of the compromise etc. [9, with. 349]».

As is known one of the most widespread receptions of legal technics is placing of definitions in articles and other structural units of texts is standard-legal akyotov for presence of definitions in the legislative text is a necessary condition of exact and clear understanding normativnoyogo the text, increases of legal culture of law-making. Unfortunately, in legal regulation of tourism and tourist dejayotelnosti there is a specificity acute problem formulirovayonija legal definitions.

Their purpose, according to E.B.Berg, not all-round disclosing nayouchnogo concepts, and its definition, sufficient for needs realizayotsii the rights. The bolshemu to number of concepts will be given zakonodayotelnye to a definition, the will be errors and misunderstanding in practice [7] less. It is necessary to notice as, that at a designation odyonim and the same term of various concepts and at use of various terms for a designation of the same concept logic laws that leads serious proyoblemam in the course of application definitivnyh norms are roughly broken.

Under the statement of the known lawyer, judge KonstitutsionYonogo of court of the Russian Federation, professors T.G.Morshchakovoj created now laws sometimes mismatch professioyonalnym to language standards. Often they are written without participation of professionals, therefore formulations turn out indistinct, incomplete [45].

A.V.Babkin [4], assumes, that «the organised tourism is the program of travel in advance developed and organised by tourist firm for the tourist/tourists according to them pozheyolanijam and to the budget. The tourist firm reserves in advance and oplayochivaet all tourist services in all route, makes all necessary exit papers».

M.S.Kirova represents the organised tourism as proyodukt institualizirovannoj to the activity realised sootvetyostvujushchimi by experts and professionals, pozitsionirujuyoshchimi itself as founders of socially significant tourist services [29].

In GlossariiLi other definition is resulted: «OrganiYOzovannyj tourism - travel of one tourist or group tuyoristov on an exact route and the regulations, established tuyoristskoj firm. Thus tourists and tourist firm are connected among themselves by mutual requirements and obligations» [14].

According to Century Saprunovoj under the organised tourism understand the offer of the standardised packages turistiyocheskih services which in aggregate the form «turiyosticheskoe travel». The tour agency combines in a package deal («package-tour»), at own discretion and to desire of the client, usluyogi direct manufacturers: hotels, transport agencies, excursion bureaus, etc. The tour agencies creating similar package deals, are called as tour operators. Production of tour operators, and also services of separately taken manufacturers primary turuslug find sale through travel agents (Reiseburo) - travelling agency [67].

It is possible to disagree with similar statements, as poyonjatija, resulted by the named authors, especially "tour agency", "round", "package deal" etc. In a legal field Russian zakonoyodatelstva are absent, their free use in legal definitions lead to different interpretation, errors and misunderstanding in practice. They are probably comprehensible in ekonoyomicheskoj to a science where foreign terminology is more freely used, but in any way in the Russian jurisprudence. SledoYOvatelno, the concepts resulted in the legislation on tourist activity, in general should answer recommendations of the World tourist organisation, and resulted in article 1 ZaYOkona - are standard and all who adjoins with sfeyoroj tourism, should use uniformly them and ispolzoyovat, especially in legal practice.

The known scientist - the lawyer working in sphere professional turistyoskogo of formation as N.I.Voloshin [11 adheres to the same opinion in the works. With. 23 - 24.]. Therefore, in order to avoid different interpretations and different interpretation in the scientific and educational literature, and also taking into account prospect of entering of additions in article 1 of the named Law, us it is formulated and the following concept is offered:

«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.

Apparently from the aforesaid amateur tourism not treyobuet what or the state intervention, legal reyogulirovanija, and here the organised tourism demands regulation from the state in relation to organizers of tourism, subjects of the organised tourism. This necessity first of all is caused by protection of the rights of our citizens, consumers tuyoristskih services at fulfilment of travel of the different kind generated and realised by the tourist enterprises by them.

1.1.

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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 the General concepts about tourism and the organised tourism:

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