Scientific and Information Bulletin

Ivan-Frankivsk University named King Danylo Halytsky

Issue 17(29)

Melnykovych M. Legal regulation in the tourism industry in Ukraine

Melnykovych M. Legal regulation in the tourism industry in Ukraine

DOI: https://doi.org/10.33098/2078-6670.2024.17.29.181-189

The purpose of this work is to analyze the importance of ensuring proper legal regulation of legal relations in the field of tourism. The emphasis is made on the fact that legal relations in the field of tourism are complex, and therefore legal regulation should be comprehensive and consistent with the realities of today.

At the international level, the understanding of “tourism” is multifunctional and is considered, on the one hand, as an activity of people’s movement and a means for economic development of the territory, and on the other hand.

Given that the Ukrainian state declares tourism one of the priority areas of economic and cultural development and has undertaken to create the necessary conditions for the development of tourism activities, the issue of normative and legal support for the regulation of tourism relations is one of the priority, if not the first priority.

Methodology: The methodology includes a comprehensive analysis of the problem, generalization of the state of the current legal material on the issue raised and the formation of relevant conclusions and recommendations.

The following methods of scientific knowledge were used in the course of the study: terminological, systemic-structural, comparative-legal and analysis method.

Results: The results of the study revealed the importance of ensuring proper legal regulation of public relations in the field of tourism, in particular, the need for a detailed analysis of legal relations in this complex industry and the creation of a sustainable and effective legislative framework for its development was substantiated.

Special attention is paid to the importance of involving the public in the work on tourism development (including in the direction of legislative content) and the emphasis is placed on the advisability of identifying tourism law as a separate branch of law.

The analysis of individual normative legal acts showed that the legal regulation of the tourism industry in Ukraine has deep roots, which, in turn, can serve as a basis for work in the direction of strengthening the legal regulation of tourism relations.

Scientific novelty: During the research, the complexity of the situation regarding the state of legal regulation of legal relations in the field of tourism was emphasized.

It was proposed to approach the solution of the problem from the point of view of considering the possibility of creating tourism law as a separate branch of law.

Practical significance: The results of the study can be used in lawmaking activities in the implementation of state legal policy in the field of tourism development, as well as for further theoretical research in this direction.

Key words: tourism, industry, legislation, state legal policy, Law of Ukraine “On Tourism”, tourism infrastructure.

References

1. Constitution of Ukraine dated June 28, 1996 No. 254k/96-VR. Vidomosti Verkhovnoi Rady Ukrainy, 1996, No. 30, Art. 141.Law of Ukraine “On Tourism”. (in Ukrainian)

2. On tourism: Law of Ukraine dated September 15, 1995 No. 324/95-VR. Vidomosti Verkhovnoi Rady Ukrainy, 1995, No. 31, Art. 241. (in Ukrainian)

3. Davydova, O. G. (2013). State regulation of the development of tourist activity in Ukraine: PhD thesis abstract. Poltava. (in Ukrainian)

4. On the main directions of tourism development in Ukraine until 2010: Decree of the President of Ukraine № 973/99 (1999, August 10). Uriadovyi kurier. (in Ukrainian)

5. On supporting the development of tourism in Ukraine: Decree of the President of Ukraine No. 127/2001 (2001, March 2). Uriadovyi kurier. 2001. No. 45. (in Ukrainian)

6. On measures to support the sphere of culture, protection of cultural heritage, development of creative industries and tourism: Decree of the President of Ukraine No. 329/2020 (2020, August 18). Ofitsiinyi visnyk Prezydenta Ukrainy. 2020. No. 18. Art. 861. (in Ukrainian)

7. On the Recommendations of the parliamentary hearings on the topic: “Development of the tourism industry as a tool of economic development and investment attractiveness of Ukraine”: Resolution of the Verkhovna Rada of Ukraine dated No. 1460-VIII (2016, July 13). Vidomosti Verkhovnoi Rady Ukrainy, 2016, No. 33, Art. 580. (in Ukrainian)

8. Barchukova, N. S. (1986). Mezhdunarodnoe sotrudnichestvo gosudarstv v oblasti turizma [International cooperation of states in the field of tourism]. M.: International. relations. (in Ukrainian)

9. The Hague Declaration of the UN Inter-Parliamentary Conference on Tourism dated 04/14/1989 Retrieved from: https://zakon.cc/law/document/read/995_904 (accessed 03/28/2024). (in Ukrainian)

10. Vikhristenko, B. I. (Ed.). (2000). Turyzm v Ukraini: Zbirnyk normatyvno-pravovykh aktiv u p`iaty tomakh [Tourism in Ukraine: Collection of regulatory and legal acts in five volumes]. (Vol. 5). Uzhgorod: IVA. (in Ukrainian)

Науково-інформаційний вісник

Івано-Франківського університету права імені Короля Данила Галицького