Правове регулювання туристичної діяльності в контексті реформування законодавства України про туризм

Abstract

The problems of legal regulation of tourist activity in Ukraine are analyzed. Based on the diagnosis of the current Law of Ukraine "On Tourism" and the practice of their implementation, it is established, that the most conflicting are issues related to the requirements for tourism and the accumulation of excessive bureaucratic burden on business, the existence of discriminatory conditions of tourism enterprises guarantees that do not take into account the volume of travel services by enterprises, the exclusivity of tour operators, the regulation of issues related to the execution of contracts for tourist services, including in the form of vouchers, conflict of laws on the permit system for the right to provide tourist support; prohibitions for travel agents to cooperate with non-residents, etc.). It is also established, that the outdated terminological and conceptual apparatus is used, there is a lack of effective mechanisms for consumer protection and real stimulation of the development of priority for the state inbound and domestic tourism. Based on the study, it is noted, that the current Law of Ukraine "On Tourism" does not meet current trends and needs significant substantive comprehensive reform to meet the interests and demands of society and business, taking into account international experience in tourism development. Attention is drawn to the need to harmonize Ukrainian legislation with international law and take into account the experience of most countries with developed markets for tourism services, there are examples of settlement of tourism in the EU. It is also noted, that the strengthening of security measures during 2020-2021 due to the spread of the COVID-19 pandemic and changes in the conditions of providing services in the field of tourism (introduction of travel safety measures, vaccination certificates and PCR testing for travel, self-isolation and observation regimes for travelers, changes in the conditions of insurance protection of tourists to travel abroad, etc.) also require legal regulation at the legislative level. Examples of attempts to reform the current Law of Ukraine on Tourism are given.