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State regulation of the hotel business. Legal basis for regulating the activities of hotels

The hotel business is actively developing, in contrast to the legal regulation of this type of activity. As in all areas, one of the directions of state regulation is the creation of specialized control structures. In the system of federal executive authorities, such a structure is the Federal Agency for Tourism (Rostourism). Along with Rostourism, state regulation in this area is carried out by the technical committee for standardization TK 199 "Tourist services and services of accommodation facilities" of the Federal Agency for Technical Regulation and Metrology. The main task of the technical committee is to improve the standardization system in the field hospitality activities, and the main function is the development of national hotel standards.

Source of legal regulation hotel services at the federal level are several basic documents, and the most important is the Constitution Russian Federation.

The Constitution of the Russian Federation enshrines the principles of freedom of entrepreneurship, establishes the priority of human rights and freedoms over the interests of the state24, guarantees everyone the right to freely use their abilities and property for entrepreneurial and other, not prohibited by law, economic activity.

The Civil Code is the second most important legal act of the Russian Federation, which reflects the issues of the emergence of civil rights and obligations to exercise and protect civil rights, as well as intangible benefits and their protection. Compensation for non-pecuniary damage, protection of honor, dignity and business reputation, the protection of the image of a citizen, the right of ownership and other property rights are reflected in the norms established by civil law.

It should be noted that the norms of the Civil Code of the Russian Federation restrict entrepreneurs in terms of the free exercise certain types activities an obligation to obtain for this required license, which is regulated by the Federal Law "On Licensing Certain Types of Activities" dated May 4, 2011 No. 99-FZ.

The next source at the federal level is the Federal Law of the Russian Federation of February 7, 1992 N 2300-1 (as amended on July 3, 2016) "On Protection of Consumer Rights". The law establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and environment, obtaining information about goods (works, services) and their manufacturers (executors, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

Consider the following law, which requires separate consideration.

Federal Law of the Russian Federation of December 27, 2002 No. 184-FZ (as amended on April 5, 2016) "On Technical Regulation".

This law regulates relations arising from the development, adoption, application and implementation of mandatory and voluntary requirements for products or related design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal.

Separately, it is necessary to separately consider the legal documents governing activities in the hospitality industry.

In accordance with the Federal Law “On Protection of Consumer Rights”, the “Rules for the provision of hotel services in the Russian Federation” have been developed that regulate relations in the field of the provision of hotel services, these rules indicate the basic concepts, information about services, the procedure for registration, accommodation in a hotel and payment for services, responsibility contractor and consumer for the provision of services.

On October 21, 2015, new rules for the provision of hotel services came into force. The Rules are approved by Decree of the Government of the Russian Federation of October 9, 2015 N 1085 (hereinafter referred to as the Rules).

The new Rules clarify the subject of regulation: in accordance with paragraph 2 of the Rules, their effect extends to the activities of hotels and other accommodation facilities, with the exception of the activities of youth tourist camps and tourist bases, campsites, children's camps, departmental hostels, renting out furnished rooms for temporary residence, as well as activities for the provision of places for temporary accommodation in railway sleeping cars and other vehicles.

The rules introduced the concepts of “hotel services”, “room price”, “small accommodation facility” (a hotel with a room stock of no more than 50 rooms), “room price (beds in a room)”, “booking”, “check-out time” and many others . The customer is a person, an individual (legal) person who intends to order or purchase or order or purchase hotel services in accordance with an agreement on the provision of hotel services in favor of the consumer.

Thanks to the new Rules, it is now clearly defined that the provision of hotel services is allowed only if there is a certificate of assignment to the hotel of a category according to the hotel classification system approved by the Ministry of Culture of Russia, if, in accordance with the law, such a requirement is introduced for individual subjects of the Russian Federation or throughout Russia.

Currently, on the territory of our country and Moscow in particular, the classification is voluntary, with the exception of the infrastructure facilities of the Olympics in the city of Sochi and the 2018 FIFA World Cup. The classification procedure was approved by the Order of the Ministry of Culture of the Russian Federation dated July 11, 2014 No. 1215 “On approval of the classification procedure for objects of the tourism industry, including hotels and other accommodation facilities, ski slopes and beaches, carried out by accredited organizations”.

The rules establish that any requirements for hotel services, including their volume, quality, time of provision and other characteristics, important consumers, are determined by agreement of the parties to the contract for the provision of hotel services. In addition, hotels have the right to independently establish rules for living and using hotel services that do not contradict the law, which all hotel guests can familiarize themselves with without obstacles.

Optional sources are developed standards in the field of hotel and tourism activities. On the territory of Russia, regulation in this area is carried out by the Technical Committee for Standardization - TC 199 "Tourist services and services of accommodation facilities", acting on the basis of the order of the Federal Agency for Technical Regulation and Metrology dated January 31, 2013 No. 51 "On the work of the Technical Committee for Standardization TC 199 "Tourism and Accommodation Services"

On the this moment in the field of the tourism industry, which includes the operation of the hotel complex and the provision of hotel services, the following state standards apply:

GOST R 50690-2000 Tourist services. General requirements» - valid from 01.07.2001. The standard contains all the general requirements that can be applied to any tourist services, as well as this standard establishes a special list of requirements for the life and health of tourists who have expressed a desire to become participants in a contract for the provision of hotel services.

GOST R 53423-2009 (ISO 18513:2003) Tourist services. Hotels and other tourist accommodation facilities. Terms and definitions” - valid from 01.07.2010. This standard is purely devoted to definitions and terms that will help both the performer and the consumer to understand the correct interpretation.

GOST R 51185-2008 “Tourist services. Accommodation facilities. General requirements” - valid from 01.07.2009. This standard will form the basis for any normative document, which can be created as part of the provision of both hotel and tourism services, because it contains general requirements for all accommodation facilities.

GOST R 53522-2009 Tourist and excursion services. Basic Provisions” - effective from 01.07.2010. This standard is narrow in its application and was created exclusively for legal entities and individual entrepreneurs who want to provide excursion services on the basis of tourism services.

GOST R 50644-2009 Tourist services. Requirements for ensuring the safety of tourists” - effective from 01.07.2010. The essence of this standard is already clear from the name, it is about the safety of tourists and the standard applies to individual entrepreneurs and legal entities that take responsibility for the life and health of consumers and customers of services.

GOST R 53997-2010 “Tourist services. Information for consumers. General requirements” - effective from 01.07.2011. This standard was developed as an instruction for legal entities and individual entrepreneurs and as a hint to consumers on what to pay attention to.

GOST R 54603-2011 “Services of accommodation facilities. General requirements for service personnel” - effective from 01.01.2013. This standard applies to all temporary accommodation facilities and contains requirements for service personnel at a minimum level, which can help hotel representatives in the selection of personnel.

GOST R 56184-2014 “Services of accommodation facilities. General requirements for hostels" - valid from 01.01.2015. Already from the name it is clear that this standard is narrow in application and applies only to hostels, while containing general requirements for the services provided.

GOST R 56197-2014 (ISO 14785:2014) “Tourist information and tourist reception services. Requirements." - valid from 01.09.2015. The minimum requirements contained in this standard will help consumers understand how the provider should communicate risks when providing tourism and hotel services.

GOST R 56780-2015 “Services of accommodation facilities. Business Services. General requirements.” - valid from 01.10.2016. A relatively new standard has emerged due to the fact that the business environment in developed regions is gaining momentum every year, so it has become a common necessity to regulate the provision of business services in a market economy.

At the level with the Federal Agency for Technical Regulation and Metrology, the Federal Agency for Tourism (Rostourism) plays an important role. Rostourism is a special structure that pursues the policy of the state in the field of service and tourism, in general, and the hotel business in particular. The functions of Rostourism include: implementation complex analysis and forecasting of the hotel industry in the Russian Federation; development and submission to the Government of the Russian Federation of draft laws, regulations and other departmental documents on issues that are directly related to hotel activities; generalization of the practice of applying the legislation of the Russian Federation in the field of service and tourism, as well as hotel activities. At the same time, Rostourism operates only at the Federal level, which means that there are no territorial departments at the level of the constituent entities of the Russian Federation, and this function is carried out only by representative executive bodies of each constituent entity separately.

Annotation: The state impact on the hotel and tourist business of the Russian Federation, namely the state regulation of this type of activity, is considered. Defined state structures are engaged in the regulation of this type of activity at the federal level. It was determined that at the municipal level there are no specialized bodies that are engaged in the development tourism business. The main documents regulating the hotel business are analyzed. Separate attention is paid to the issues of voluntary certification of the hotel and tourism business.

Keywords: Hotel business, government regulation, voluntary certification, tourism business, standardization, hotels

Summary: The state impact on hotel travel business of the Russian Federation, namely state regulation of this kind of activity is considered. Government institutions are defined, are engaged in regulation of this kind of activity at the federal level. It is defined that at the municipal level there are no specialized bodies, are engaged in development of travel business. The main documents regulating hotel business are analyzed. The attention to questions of voluntary certification of hotel travel business is separately paid.

Keywords: Hotel business, state regulation, voluntary certification, travel business, standardization, hotels

The hotel business is one of the cost-effective and most dynamically developing types of economic activity. Domestic, as well as external tourism, annually brings colossal sums to the state treasury, comparable to the oil business, which is considered one of the most profitable sectors of the economy. Efficient implementation hotel and tourism business has a direct impact on the welfare of the state, since in addition to solving internal problems, such as providing for the population jobs, has a positive impact on the image policy of the state and its image in the eyes of citizens of other states. That is why many states focus their attention on improving the quality of hotel services provided.

The tourist potential of the Russian Federation is extremely extensive, in view of the diversity of the landscape, the presence of historical monuments, and cultural heritage. However, the implementation of state regulation hotel business takes place at a rather weak level, largely due to the constant reform of regulatory authorities and the repeated amendments to the legislation governing the hotel industry. The poorly developed hotel and recreational infrastructure deserves special mention. All of the above indicates the development of the tourism sector as the most important area in the framework of the state and municipal policy of the Russian Federation.

One of the directions for the implementation of state influence on the hotel and tourism business is the creation government agencies specializing in the implementation and improvement of state policy within this area. The federal executive body is the Federal Agency for Tourism, which is under the jurisdiction of the Ministry of Sports, Tourism and Youth Policy of the Russian Federation. The functions of this body include conducting a comprehensive analysis and forecasting the development of the hotel business on the territory of the Russian Federation, determining development priorities in this area, developing and submitting regulatory legal acts for consideration by the Government of the Russian Federation, as well as independent settlement of regulatory legal acts directly related to the hotel industry on the territory of the Russian Federation.

The regulation of the hotel business is also handled by another authority of the Russian Federation - the Federal Agency for Technical Regulation and Metrology, which is under the control of the Ministry of Industry and Energy. His structural subdivision- the technical committee for standardization, performs the functions of developing and improving the system of national standards in the field of hotel business.

On the territory of municipalities there are no specialized bodies involved in the development of the tourism business, instead of them, the regulation of this direction is carried out by the executive authorities of the municipality. And if at the federal level such tasks as the direct development of state policy in the field of tourism are considered, then at the local level more mundane tasks are solved, such as planning the area for tourism activities, preparing tourism infrastructure, and conducting territorial marketing within the boundaries of each municipality.

A distinctive feature of the tourism business is that final product is a combination of a number of activities, such as transport, accommodation, food, leisure activities. Since each element requires separate regulation, there are a large number of legal acts that establish the procedure for the implementation of tourism activities. An example is the customs legislation regulating the procedure for passing goods through customs borders or administrative legislation that establishes the procedure for obtaining visa documents.

The main documents regulating the hotel business in the territory of the Russian Federation are:

1. "On the basics of tourism activities in the Russian Federation" dated 11/24/96. No. 132-FZ (as amended and supplemented, effective from 01.11.2012)

2. the federal law"On standardization in the Russian Federation" dated June 29, 2015 No. 162-FZ

3. Federal Law "On Technical Regulation" dated December 27, 2002 N 184-FZ. (as amended on 07/13/2015).

4. Decree of the Government of the Russian Federation "On approval of the Rules for the provision of hotel services in the Russian Federation" dated 04/25/1997 N 490 (as amended on 03/13/2013)

State regulation hotel business is carried out through the standardization and classification of objects of the tourism industry, which include hotels. Standardization in the Russian Federation is regulated by the Federal Law “On Technical Regulation”, which imposes requirements for the provision of services, which, however, are voluntary and not enforced. Thus, we can conclude that the certification of hotel services does not take place in without fail, but is subject to licensing only on a voluntary basis, according to criteria that can be developed by any organization.

By order of the federal agency for technical regulation, GOST R 51185-2008 “Tourist services. Accommodation facilities. General requirements” in accordance with which it is possible to single out the main groups of requirements for the hotel, its number of rooms and staff.

Along with the above requirements, the order of the Federal Agency for Tourism dated July 21, 2005 No. 86 “On approval of the classification system for hotels and other accommodation facilities” developed a voluntary certification of hotel services based on the classification according to the number of “stars” system, in which the lowest category is indicated one star, and the highest - five.

It should be noted that the voluntary nature of certification and the absence of an established list mandatory requirements leads to significant problems of effective state regulation. This problem is at the center of the study of specialists, however, all current developments are not mandatory, but only recommendatory.

Based on the analysis of legal documents, it can be concluded that state regulation and regulation of the hotel industry is incomplete, which makes it difficult for the entire system of the hotel and tourism business to function effectively.

The main problems of the hotel business in Russia are:

Lack of organizational knowledge to effectively develop the hotel business

Lack of clear and complete regulation of the hotel industry

Constant reform of the legislation regulating the hotel and tourism industry

The ongoing formation of a negative image of the territory

The combination of these factors shows that the development of the hotel business in the Russian Federation is rather restrained. However, the measures taken at the federal and municipal levels allow us to hope that the impact of negative factors will decrease, which will lead to a stabilization of the situation, will allow an increase in the number of hotels and inns, will contribute to the emergence of large hotel chains, which will ultimately ensure an increase in the number of Russian and foreign tourists who have chosen Russia as their holiday destination.

Bibliography

1. GOST R 51185-2008 “Tourist services. Accommodation facilities. General requirements” (date of entry into force - 01.07.2009)

2. Decree of the Government of the Russian Federation "On approval of the Rules for the provision of hotel services in the Russian Federation" dated April 25, 1997 N 490 (as amended on March 13, 2013)

3. Order of the Federal Agency for Tourism "On approval of the classification system for hotels and other accommodation facilities" dated July 25, 2005 No. 86

Legal regulation of the provision of accommodation services in the Russian Federation. Legal regulation of the provision of services for the organization of accommodation for tourists. Decrees of the Government of the Russian Federation concerning the provision of basic types of tourist services. Rules for the provision of hotel services in the Russian Federation.

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