Legal regulation of the provision of hotel services. Legal regulation of activities for the provision of hotel services Tsalikova Marina Borisovna

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Undoubtedly, the hotel markets of Astana and Almaty have a dominant influence on the state of the country's hotel industry as a whole. However, in last years and here there have been some shifts, manifested primarily in a reduction in the share of capitals in the overall sectoral balance. The process of deconcentration is taking place against the background of the revival of the hotel markets in other regions. Among such rapidly developing areas is, first of all, the resort city of Sochi, whose investment attractiveness is not inferior to capital cities. In a number of regions, the hotel business is developing even more dynamically than other sectors of the real estate market: housing and retail and office. To a large extent, the segment of mini-hotels and hotels of the middle price level is actively developing there. [ 7, p. 43]

3.2 Problems of the hotel industry in Kazakhstan and ways to solve them

All hotels are divided into two segments - hotel chains and non-chain hotels. Labor productivity in hotel chains (of 6 hotels or more) is approximately 50% higher than in non-chain hotels, which is associated with the use of standard forms of work by chains, with economies of scale in areas such as branding, acquiring the necessary resources and training staff (due to greater promotion opportunities).

The low productivity of the staff of non-network Kazakhstani hotels is explained by a drop in demand, low incomes of the population and failure to comply with tax discipline, as well as the fact that a significant part of them is state-owned. In Kazakhstan, 47% of hotel rooms are owned by municipal, regional or federal authorities. Another 36% of the room stock is partly owned by local or federal authorities, and partly by enterprises (mainly heavy industry enterprises). Whereas management contracts are widespread in the US, tying manager remuneration to hotel profitability, in Kazakhstan, contracts (essentially with the state) do not provide sufficient incentives for non-chain hotel managers to get rid of excess staff and improve work organization. In addition, some hotels of this kind are run directly by government employees, and they are usually required to keep rooms for officials in reserve, and, of course, these rooms do not make a profit.

A very serious problem in the development of the hotel industry in Kazakhstan is the lack of qualified personnel, which, in particular, explains the inefficient organization of labor. US hotel chains are coping with seasonal workforce needs by tapping into an existing pool of trained workers. In countries such as Kazakhstan, there are no such reserves, and it takes a long time to train an inexperienced worker well. The losses from the use of untrained workers are obvious. So, a skilled maid can clean 60% more rooms per day than an inexperienced trainee. To no lesser extent, the increased need for employees is due to the cumbersome and imperfect accounting procedures and the great need for security services.

Almost all major international chains are present in Kazakhstan, but their activities are concentrated in the four- and five-star segment and are usually managed by international companies and owned by joint ventures involving private investors and local authorities. Here, the high quality of service dictates high prices, affordable for big businessmen, business tourists, famous artists, sportsmen. But there are almost no tourist-class hotels with a good level of service for a person of average income who comes to see our country.

Three-star hotels remain the most demanded segment, the shortage of which is felt in all major cities of Kazakhstan. Formally, there are such hotels, but in reality most of them do not correspond to this category either in terms of the level of staff training or the quality of service, and they received this category according to the old systems.

Today, the problem of interaction between hotels and tour operators is relevant for the development of the Russian hotel industry. Often these partners make claims to each other. Complaints relate mainly to violations of contractual discipline.

Hotels suffer losses due to the fact that tour operators who practice advance reservations for their groups do not always redeem booked rooms. Late cancellation of bookings (i.e. cancellation of previously made bookings as soon as possible, which does not allow rooms to be re-listed for sale) is one of the risk factors in the hotel industry as a whole. As a counter to such unfavorable factors, hotels include various provisions on advance payment and deposits in contracts, i.e. a standard set of measures used by all hotels, regardless of the home country, to reduce losses from disruption of preliminary financial plans.

Tour operators, in turn, also have claims to partners - accommodation facilities. It is not uncommon for hotels to take a wait-and-see attitude and do not confirm booking requests within the time limits specified in the contracts. Especially often hotels do this on the eve of major events, holidays, causing a high demand for accommodation services. Since there are not so many hotels that accept foreign tourist groups, tour operators do not agree to terminate contracts with violating hotels. Some hotels deliberately cut off group tourism, setting prices for tourist groups higher than for corporate clients, or offering accommodation without discounts. It can be quite difficult for tour operators to defend their positions, especially when demand exceeds supply.

Another problem is connected with the imperfection of the legislation and the complexity of the bureaucratic procedures for licensing, certification, etc. And this, in turn, is the source of other problems. Thus, due to the imperfection of the legislative framework, investors with some caution invest in the construction of new hotels in Kazakhstan, especially in Astana. This is mainly due to the fact that there are no convenient places for building in Astana, and due to the high cost of land. The city government has repeatedly declared its readiness to promote the development of the hotel services market, but bureaucratic barriers are still strong. In addition, according to experts, the Moscow authorities are rather unsuccessful in initiating the reconstruction and replacement of the existing hotel stock. Over the past three years, the Moscow market has decreased by 3.5 thousand rooms only in demolished hotels. And this is almost a quarter of the number of rooms in the middle segment. Demolition of hotels meanwhile continues. This reduces competition for existing hotels, which entails the high cost of hotels, a drop in the quality of services.

Another problem related to the legislative framework is the classification of hotels. At present, the normative document on the basis of which the classification of Kazakhstani hotels is carried out is the order of the Ministry of Economic Development and Trade of the Republic of Kazakhstan dated June 21, 2003 No. 197 "On approval of the Regulations on the state system for classifying hotels and other accommodation facilities." Despite the fact that the document received the status of a state one, this classification system is voluntary and many hotels received their category according to the old systems, so more than 70% of hotels in Kazakhstan do not fit into any of the current categories in terms of quality of service. Information about all enterprises that have received a category in accordance with the requirements of the state system is published on the official website of the federal executive body in the field of tourism, as well as in catalogs and other publications distributed at exhibitions in Kazakhstan and abroad.

Of course, speaking about the problems of the hotel business, it is necessary to say about the ways to solve them.

The regulation of the hotel industry should take place "from above", i.e. state. To do this, first of all, it is necessary to develop a unified marketing concept for the development of the hotel business in Kazakhstan, which should provide solutions to all problems in a complex. The state must determine the tourism concepts of the regions, the need for additional infrastructure, territorial zoning, a plan to attract investors, and much more. Thus, the hotel market in Astana and Almaty is already quite developed and it is worth reorienting cash flows to regional cities with a million population, important centers of trade and industry. Separately, it is worth considering the prospects of the Golden Ring and resort areas.

Significant work needs to be done in the field of legislation. The registration and registration processes should be simplified and understandable in order to attract foreign investment in the hotel business.

Also, do not forget about the problem of quality of service in hotels. The introduced classification system is an important step towards quality improvement, but it is not enough. Firstly, this system has a lot of complaints from hotel owners and needs to be improved, and secondly, it is optional and many hotels do not correspond to any category. To improve the situation, the state should invest in these hotel enterprises, as well as stimulate them to improve the level of services.

But problem solving requires the active participation of hotel owners. They should strive to provide quality service, effective work with customers, close cooperation with the state. The personnel problem requires special participation of hotel owners. Many of them can be solved by closer work with universities, the policy of compensation and non-material motivation of staff.

Thus, the hotel business in Kazakhstan faces many problems and the solution of these problems must be comprehensive, i.e. the state and hotel owners should work together to plan and implement programs to eliminate them.

Conclusion

In this paper, the features of state regulation were considered hotel service. The unreasonable position of the legislator in matters of regulating the quality of hotel services was revealed. And the quality of hotel services is an important factor in the development of international and domestic tourism, which, in turn, contributes to the development of the economy of our country, an increase in budget revenues, and the creation of new jobs. The existing system of voluntary confirmation of compliance not only does not improve the overall quality of hotel services in the country, but, on the contrary, creates confusion and prerequisites for abuse by unscrupulous hotel companies. Here I agree with the recommendations that propose to introduce mandatory certification on the territory of Kazakhstan.

Based on the analysis of regulatory legal acts in the field of hotel services, we can conclude that the current domestic regulation of this activity is incomplete. There is no regulation of relations with participation legal entities on the side of the customer of the service and individual entrepreneurs acting as the customer and the recipient of the services.

The main principles of state regulation of hotel activities in the Republic of Kazakhstan are:

1) promoting hotel activities and creating favorable conditions for its development;

2) identification and support of priority areas of hotel activities;

3) formation of an idea about the Republic of Kazakhstan as a country favorable for the hotel business;

4) ensuring security, protecting the rights of tourists and tourist organizations of the Republic of Kazakhstan and their associations, as well as protecting their interests and property.

Regulation of the development of the hotel business is a multi-level system that includes:

Coordination and promotion of the development of the hotel business on a global scale, which is carried out through the World Tourism Organization with the participation of international financial organizations;

Consistency of hotel policy at the interstate level, which is achieved through regional tourism organizations and special bodies of interstate associations (for example, the European Community);

Consistency of policy in the field of hotel business at the national and regional levels, which is carried out through specially created state bodies and public associations of hotel organizations.

The legal framework for state regulation of hotel activities in the Republic of Kazakhstan is enshrined in the following legal acts:

Law of the Republic of Kazakhstan dated June 13, 2001 No. 211-II "On tourism activities in the Republic of Kazakhstan";

State program of tourism development for 2007-2011;

Concepts for the development of the hotel business in the Republic of Kazakhstan;

Laws "On standardization", "On certification of products and services";

Decree of the Government of the Republic of Kazakhstan dated June 11, 2007 N 481 "On approval of the Rules for licensing and qualification requirements for tour operator, travel agency activities, services of a tourism instructor";

Development Program promising directions hotel industry of the Republic of Kazakhstan for 2010 - 2014;

Decree of the Government of the Republic of Kazakhstan "Rules for the provision of hotel services in the Republic of Kazakhstan";

Short description

The international hotel business occupies an important place in the modern world economy. At least in recent decades, it has been one of the most dynamically developing and very profitable types economic activity. The development of the national hotel industry, especially through its connection to the international hotel business, is of great importance in many countries of the world, since this economy plays an important role in providing employment for the local population, having a positive impact on other sectors of the national economy.

Legal regulation activities for the provision of hotel services">

480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Thesis - 480 rubles, shipping 10 minutes 24 hours a day, seven days a week and holidays

Tsalikova Marina B. Legal regulation of activities for the provision of hotel services: dissertation ... candidate of legal sciences: 12.00.03 / Tsalikova Marina Borisovna; [Place of protection: Kuban. state agrarian un-t].- Krasnodar, 2007.- 171 p.: ill. RSL OD, 61 07-12/2375

Introduction

Chapter 1 Concept, content and general classification of hotel services 14

1.1 The history of the formation and development of activities for the provision of hotel services 14

1.2 The concept and sources of legal regulation of relations for the provision of hotel services 21

1.3 The concept and content of hotel services as an object of civil law 30

1.4 General classification of hotel services 68

Chapter 2 Contract for the provision of hotel services 76

2.1 The concept, procedure for concluding and terms of the contract for the provision of hotel services 76

2.2 Rights and obligations of the parties to the contract for the provision of hotel services 103

2.3 Change, termination and liability of the parties under the contract for the provision of hotel services 129

Conclusion 146

References 155

List of abbreviations 171

Introduction to work

Relevance of the research topic. Successful development of the hotel industry in Russian Federation, improving the service of hotel services and the success of domestic business in this sector of social production largely depend on how perfect the legal regulation of relations arising in connection with the provision of hotel services. The development of optimal legal means of regulating the provision of hotel services contributes to their development and the ever new development of social space, which is an essential component of tourism activities.

At the same time, today in the theory of civil law there are no clear ideas about what constitutes a hotel service as an object of civil rights, what are the specifics of the activity for the provision of hotel services and what are the features of the legal regulation of such activities.

This circumstance, as well as the incompleteness and fragmentation of the legal regulation of relations that develop in the provision and consumption of hotel services, necessitate a comprehensive scientific research this problem.

It becomes clear that the content General Provisions ch. 39 of the Civil Code of the Russian Federation and the Rules for the provision of hotel services in the Russian Federation, is clearly not enough for effective legal regulation of the entire range of public relations aimed at the provision of hotel services. A number of aspects of the problem under consideration, requiring special approaches to

Civil Code of the Russian Federation. Part II: Federal Law of December 22, 1995 No. 15-FZ (as amended on December 18, 2006) // SZ RF. - 1996. - No. 5. - Art. 410.

Decree of the Government of the Russian Federation of April 25, 1997 No. 490 "On Approval of the Rules for the Provision of Hotel Services in the Russian Federation" No. 49) // SZ RF. - 1997. - No. 18. - Art. 2153.

legal regulation, remain undeveloped in the science of civil law.

One of the leading directions in the study of hotel services, as well as improving the legal regulation of activities for the provision of hotel services, is a detailed qualitative study of issues related to the content of hotel services and the procedure for their provision, legal norms regulating the rights and obligations of the parties to the contract for the provision of hotel services, the conclusion, execution and liability of the parties to such an agreement.

In this regard, we can state the urgent need to study the problems of legal regulation of activities for the provision of hotel services.

The degree of development of the topic. Representatives of the science of civil law of the Soviet period and the last decade 3 paid much attention to the study of the legal phenomenon of services as objects of civil rights. AT scientific papers, one way or another, the problem of legal regulation of the provision of services in general and their varieties was considered. However special works So far, there is no comprehensive character for the study of modern legal relations arising in the provision of hotel services. With this in mind, it can be argued that the problems of legal regulation of hotel services are among the relevant and insufficiently studied in the science of civil law.

See: Sherstobitov A.E. Civil law regulation of contractual relations in the service sector. - M, 1987; Kalmykov Yu.Kh. On the concept of obligation to provide services in civil law // Selected: Proceedings. Articles. Performances. - M, 1998; Ioffe O.S. Soviet civil law (course of lectures): Separate types of obligations. - L., 1961; Sheshenin E.D. The subject of the obligation to provide services // Sat. scientist tr. Sverdlovsk, 1964. Issue. 3; Kabalkin A.Yu. Services in the system of relations regulated by civil law // State and Law. - 1994. - No. 8-9; Kabalkin A.Yu. Civil law on public services. - M., 1980; Stepanov D.I. Services as an object of civil rights. - M., 2005; Sannikova L.V. Services in the civil law of Russia / L.V. Sannikov; Ros. acad. Sciences, Institute of State and Law. - M: Walters Kluver, 2006; Barinov N.A. Services (social and legal aspect): Monograph. / Saratov: publishing house "Stilo", 2001.

The object of the dissertation research are public relations arising in connection with the provision of hotel services.

Subject of study- international legal, foreign and national norms governing the provision of hotel services.

The purpose and objectives of dissertation research. The purpose of this work is a comprehensive study of theoretical and practical problems of legal regulation of activities for the provision of hotel services, finding ways to resolve them and formulating proposals for improving Russian legislation and judicial and arbitration practice for the consideration and resolution of litigation related to the provision of hotel services.

To achieve this goal, the following research objectives were set:

Analysis of the concept of "hotel service", disclosure of scope and content
this concept on the basis of current legislation and scientific theories in
this area;

Analysis of the legal regulation of the provision of
hotel services within the framework of a legal relationship of obligations.

Development of a general classification of hotel services;

Research and construction of a system of sources of legal
regulation of the provision of hotel services;

study of the features of the conclusion, execution and termination of contracts for the provision of hotel services, as well as issues of responsibility of the parties for its violation;

study of international legal regulation of activities for the provision of hotel services and foreign regulation on hotel services;

determination of ways to improve the legal norms governing the provision of hotel services.

Methodological basis of the dissertation research

are general scientific methods of cognition of social phenomena using special and particular scientific methods: historical, system-structural analysis, comparative law, formal-legal, structural-functional and others.

The theoretical basis of the study was the works of Russian civilists: O.S. Ioffe, N.A. Barinova, M.I. Braginsky, A.Yu. Kabalkina, Yu.Kh. Kalmykova, O.A. Krasavchikova, V.V. Vitryansky, I.A. Pokrovsky, V.A. Lapacha, Yu.V. Romants, L.V. Sannikova, V.I. Senchishcheva, D.I. Stepanova, A.E. Sherstobitova, P.O. Khalfina, L.V. Shchennikova, E.D. Sheshenina, G.F. Shershenevich, D.I. Meyer and others.

A number of conclusions made in the work are also based on the provisions of the general theory of law formulated in the works of S.S. Alekseeva, N.I. Matuzova, A.V. Malko, N.M. Korkunov and others.

Normative base of research drafted international legal acts, the Constitution of the Russian Federation, existing and canceled Russian legislative and other legal acts: the Civil Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation 5 , other codes of the Russian Federation, civil and tax legislation of the Russian Federation, legal acts of the President of the Russian Federation and the Government of the Russian Federation.

A number of provisions and conclusions are based on the analysis of the norms of foreign legislation.

The empirical basis of the study made an analysis of judicial and arbitration practice, in particular, the practice of the Supreme Arbitration Court

Civil Code of the Russian Federation. Part I: Feder. Law of October 21, 1994 No. 51-FZ (as amended by the edition of 12/18/2006) // SZ RF. - 1994. - No. 32. - Art. 3301; Civil Code of the Russian Federation. Part II: Federal Law of December 22, 1995 No. 15-FZ (as amended on December 18, 2006) // SZ RF. - 1996. - No. 5. - Art. 410.

Arbitration Procedural Code of the Russian Federation: Fed. Law of July 24, 2002 No. 95-FZ (as amended on March 31, 2005, amended on November 17, 2005) // SZ RF. - 2002. - No. 30. - Art. 3012.

Russian Federation, other arbitration courts, as well as courts of general jurisdiction of the Russian Federation, statistical data, factual material reflected in the media.

Scientific novelty of the research consists in posing topical issues, conducting a holistic, comprehensive research legal regulation of activities for the provision of hotel services.

The paper contains new conclusions regarding the concept of hotel services and the contract for the provision of hotel services; proposals were made to introduce into the practice of legal regulation of hotel services such an object of the contract as a hotel product; the varieties of the hotel contract are identified and analyzed; proposals were formulated to improve the normative regulation of activities for the provision of hotel services in Russia.

This work is one of the first comprehensive studies devoted to the analysis of the most important issues related to the provision of hotel services. On the basis of the analysis carried out, conclusions and proposals are formulated, expressing the scientific novelty of the research and aimed at improving the regulatory framework.

The main provisions for defense:

1. Hotel service, as an object of civil law, is the result of the contractor's activities, which is complex in nature and provides temporary accommodation in the customer's hotel.

The hotel service is characterized by the following main features: limited time and space; intangibility; synchronism of rendering and consumption in one place; the performer has special knowledge in the field of hospitality; contains material and organizational components.

2. An agreement for the provision of hotel services is understood to be an agreement
according to which the contractor undertakes to provide the customer with services for
temporary accommodation in a hotel, as well as other related
accommodation services, and the customer undertakes to pay for the consumed services.

3. The need to make changes in parts is justified
names and legal status of the parties to the agreement in the Rules
provision of hotel services in the Russian Federation. To this end, it is proposed to introduce
Rules the concept of the customer, which should be understood as a person who has
intention to order or purchase or ordering, acquiring or
using hotel services. The concept of the consumer as a party
contracts should be excluded from the Rules. Only in cases where the hotel
services are purchased and consumed by citizens, on which
subject to the rules established by the Law on the Protection of Rights
consumers. The concept of a performer contained in the Rules follows
save.

4. Depending on the nature of the regulated relations, it is proposed
the following classification of contracts for the provision of hotel services:

commercial contracts for the provision of hotel services;

consumer contracts for the provision of hotel services. A commercial contract for the provision of hotel services is a contract, according to

to which the contractor undertakes to provide hotel services to the customer for their use in business activities or for other purposes not related to personal, family and other similar use. The rules governing such contracts should bear the specifics of a business contract. In consumer contracts of citizens, the customer is a citizen-consumer. These contracts are subject to the rules governing relations with the participation of a citizen-consumer.

5. It is proposed to classify hotel services as follows
criteria: the purpose of acquiring the hotel service; subject composition

relations for the provision of hotel services; the duration of the provision of hotel services; the level of prices for hotel services; type of hotel used for temporary accommodation of the guest; material and organizational content of the hotel service.

6. Need additional guarantees of consumer rights,
booked a hotel service. To this end, it is proposed in the Rules
provision of hotel services in the Russian Federation to make changes, supplementing them
norm of the following content: “If the performer does not provide
booked room to the consumer, he is obliged at his own expense:

ensure the accommodation of the consumer in the nearest hotel of an equivalent category and pay the difference in price;

notify the consumer in advance of the impossibility of providing hotel services, otherwise pay the consumer his telephone and other expenses in connection with notifications to home or work about a change of residence and the costs of rebooking to another hotel;

pay for travel if the consumer has expressed a desire to move to the originally booked hotel as soon as a room becomes available there.

7. The hotel obligation consists of two types of obligations:

a hotel obligation to ensure a material result is the relationship of the parties regarding the provision by the contractor to the customer of a room for temporary residence;

the hotel obligation to ensure maximum comfort is the relationship of the customer with the hotel staff in that part in which it is not possible to determine the specific result of the interaction. These relationships are mainly related to the professionalism and hospitality of the staff. Here, such requirements for the performance of staff duties as attention, care, clarity in the execution of the customer's order, friendliness, activity and an individual approach to customer service are highlighted.

8. The conclusion is substantiated that the condition on the term of the hotel
service is essential condition contracts for the provision
hotel services. In this regard, it is proposed to amend paragraph 8
Rules for the provision of hotel services in the Russian Federation, supplementing it with an indication of
that in the receipt (coupon) or other document confirming
the conclusion of a contract for the provision of hotel services, must contain
information about the date and time of the beginning and end of the hotel service,
its duration.

The rules for the provision of hotel services in the Russian Federation must be supplemented with the following rule: “The term for the provision of a hotel room is determined by agreement of the parties. In cases where the term for the provision of a hotel room is not provided for by the contract, the room must be provided by the contractor no later than 3 hours from the moment the consumer applies on the day of arrival.

On the day of departure, the hotel room must be vacated by the consumer no later than 12.00.

9. Regulation of the quality of hotel services should be provided
the following set of measures:

a) legal regulation of general requirements for hotels
and other temporary accommodation facilities that determine the conditions
provision of hotel services;

b) the introduction of a classification system for hotels and other objects
temporary accommodation;

c) introduction of a certification system for hotel services;

d) development and application of corporate standards for the provision of
hotel services organizations of hotel associations.

10. The terms of the contract on the quality of hotel services are determined by
combination of the following indicators:

1) condition (logistical) of the customer's location:

compliance with the general requirements for hotels and other accommodation facilities;

compliance with the requirements of the Classification System for hotels and other accommodation facilities;

compliance with the requirements of hotel service standards for hotels of a certain hotel association.

2) level after-sales service customer in the hotel:

A set of additional hotel services (service maintenance);

the humanitarian component of the hotel service in the form of professional skills of the hotel staff in an attentive, caring attitude towards the client, the precise execution of his instructions, a friendly attitude towards him, an active and individual approach to servicing the customer of services.

11. Improving the legal regulation of the liability of the parties to the contract for the provision of hotel services may go: hotel reservations; b) by changing the approach adopted in the Rules for the provision of hotel services in the Russian Federation to the ratio of the contract for booking rooms in the hotel and the contract for the provision of hotel services. In the latter case, an agreement on booking rooms in a hotel should be recognized as one of the terms of the contract for the provision of hotel services. The conclusion of an agreement for the provision of hotel services will be carried out on the basis of and in accordance with an application for booking rooms in a hotel, which is recognized as an offer by the customer.

Theoretical significance of the study is that the conclusions obtained in the course of scientific research develop and supplement many aspects of the legal regulation of activities for the provision of hotel services.

The author of the work analyzed the content and scope of the concept of "hotel service" and developed its definition; a proposal was made to allocate such an object of the contract for the provision of services as a hotel product, its content and the specifics of the contract for its implementation were considered; the dissertation provides an overview of the history of the formation and development of activities for the provision of hotel services; the contractual hotel obligation is characterized from the point of view of its object, subjects and content; the methods and means of protection of the parties to the contract for the provision of hotel services provided by law are investigated; The paper gives a theoretical justification for some solutions to the problems of the quality of hotel service.

Practical significance of the study consists in the possibility of using the results obtained by the author to further improve the legal regulation of activities for the provision of hotel services. The conceptual proposals and recommendations contained in the work can be used in the implementation of legislative activities, as well as by judges of arbitration courts, practitioners of state authorities and administration of the subjects of the Russian Federation. The materials of the dissertation research may be of some interest also for educational institutions when studying the courses "Civil Law", "Business Law".

Approbation of the research results. The dissertation was prepared at the Civil Law and Process Law Faculty of the Institute of International Law, Economics, Humanities and Management. K.V. Rossiysky, where it was reviewed and discussed. The main provisions and conclusions are set out in five published scientific papers on the topic of the dissertation and disclosed in reports at scientific, practical and scientific conferences.

Structure and content of the work determined by the goals and objectives of the dissertation research. The dissertation consists of an introduction, two

chapters, including paragraphs, conclusions, bibliographic list of used normative acts and literature.

The history of the formation and development of activities for the provision of hotel services

The first mention of guest enterprises goes back centuries, to the time of antiquity. Antiquity appeared before us as a historical epoch, whimsically changing its forms and appearances - Greek, Etruscan, Carthaginian, Hellenistic and Roman. This is the world of culture and the world of man with a true environment of historical life, created and experienced by people with their unique destinies and personalities.

The first mention of guest enterprises was found in ancient manuscripts - in the famous code of laws of the king of Babylonia - Hammurabi (1700 BC). Thanks to these references, it becomes clear that the taverns that existed at that time enjoyed a dubious reputation. Hammurabi's code required tavern owners to report on patrons talking about the authorities. The composition of the visitors was quite diverse and specific.

The practice of providing private accommodation for temporary residence of guests has become widespread mainly in connection with pilgrimages and various festivals. In places where public festivities took place and guests from other countries were invited, shelters were built for numerous visitors.7 So, for the Olympic Games, such a number of buildings were erected - prototypes of modern hotels - in which the population of a small city of that time could be safely accommodated.

The most extensive network of inns was created on the territory of the Roman Empire. Inns began to be located along the main roads at a distance of 25 miles from each other (40.2 km). The length of roads in the heyday was about 85 thousand square kilometers. The state participated in the construction of these inns and in the control of their activities.

In ancient Greece, around the 1st millennium BC. hotels of three types have become widespread: 1) private visiting yards; 2) pandokeys - state visiting yards; 3) taverns.

For example, taverns were an important element of religious and social life, but, to a greater extent, they offered food to travelers. There were accommodations for the night, but there was no question of any comfort. Often a place to sleep was offered in the same room as the animals, something like sheds, and the sleeping place was, as a rule, just straw on the floor.

The Middle East, Asia, Transcaucasia played a huge role in the emergence of hospitality enterprises. The largest trade routes passed through the territory of these regions, along which caravans moved in long streams. There was a need to organize lodging for the night, rest for people and animals.

The ancient Persians were among the first to organize guest complexes: caravanserais (for people and camels). The whole complex was surrounded by a fortress wall, which was a protection from the elements and robbers.

During the Middle Ages (5th-13th centuries) in Europe, hotels appeared at monasteries (organized according to the edict of Charlemagne for wanderers). In England at that time, hospitable houses of monasteries, inns (typical road hotels) were common, having a tavern and a stable, service and utility rooms on the ground floor, and bedrooms on the upper floors overlooking a rectangular courtyard and connected by a covered gallery.

In the XVII-XIX centuries. in Europe and America, the development of the hotel industry is observed. The emergence of inns in America in connection with the appearance of European settlers. The construction of small and large hotels begins exclusively to serve travelers. The development of mass tourism after the industrial revolution in Europe and America had a significant impact on the development of the hotel industry. Hospitality companies and corporations spring up. Hotels are being built for immigrants, merchants and businessmen.

At the beginning of the XX century. in Europe, America and Asia, international hotel associations are being created and new concepts are being introduced in the organization of hotel activities, based on providing customers with the maximum number of services. The hotels host meetings, receptions, conferences, meetings, entertainment and casinos.

After the Second World War, when the development of the hotel industry was stopped, the construction of hotels and motels began again. There are hotels for families. The hotel base is turning into a service and entertainment industry. There is a segmentation of the hotel market as a result of its saturation with hotel services.

The concept and content of hotel services as an object of civil law

The development of river and sea transport, railway communications, the growth in the number of wealthy people, as well as mass tourism have led to significant changes in the field of hotel services. In recent years, the global hotel industry has seen quantitative and qualitative growth. It is expressed in an increase in the number of hospitality enterprises, when houses for temporary residence turn into a full-fledged tourist complex, which provides accommodation, food, entertainment and recreation services. Hotels on highways, railway stations, at airports, as well as hotels for business people and businessmen in shopping and administrative centers of large cities, resort hotels and boarding houses, congress hotels and congress centers, hotels and campsites, casino hotels, youth hotels, hostels and mountain shelters, houses of hunters and fishermen - this is not a complete list of hotels for special purposes. Each of these types is characterized by a tendency to expand the service and improve the quality of services.

In Russia, over the past five years, there has been a rapid development of the hotel business. International hoteliers are coming to large cities, the number of small private hotels is growing, old Soviet hotels are being reconstructed. In 1961 design institute"Lenginprogor" a standard project of the hotel "1P-02-5" was developed. Throughout Soviet Union the construction of more than 30 hotels under the 1P-02-5 project began, which, having been born mainly in the 60s and 70s, became twin hotels. Over the years, these "twins", with all their external identity, began to change both in their "character", and in their "inner content", and sometimes even in their external appearance. And this is natural - life makes its own adjustments not only to the character and appearance of people, but also to such "living organisms" as hotels.

Over the past few years, St. Petersburg and its environs have become a unique phenomenon in the hotel market due to the rapid growth of privately owned small hotels and similar accommodation facilities, including out-of-town recreation centers. Today in St. Petersburg and the Leningrad region there are more than 600 accommodation facilities with the number of rooms from 4 to 100.

True, the quantitative growth of the number of rooms is not always accompanied by a simultaneous increase in the quality of service and the level of service.

This problem is an important socio-economic problem, in the resolution of which the Russian state and society are interested. Without understanding what a hotel service is, what its content is and what are the criteria that distinguish it from other types of services, this problem cannot be solved.

The need for hotel services is caused by a variety of material and spiritual needs of citizens and organizations. These needs themselves are nothing more than an objectively existing need for the consumption of material and spiritual goods to ensure the normal life of participants in civil circulation.

The concept of “service” in Russian law has rather blurred boundaries, and is interpreted by scientists and practitioners in different ways.31

From the point of view of the theory of productive labor, a service is defined as a product of productive labor, expressed in intangible use value, a useful effect that satisfies any human needs.

The service, according to M.B. Russian is a specific use value in the form of a specific labor activity and a specific form of economic relations that presuppose the existence of a producer and a consumer of services.

The fact that a service is the result of productive labor is not universally recognized. So in the Great Soviet Encyclopedia, a service is defined as a form of unproductive labor, a certain expedient activity that exists in the form of a useful effect of labor.

E.P. Grusheva characterizes the service as an economic relationship not about the results of labor, but about labor as an activity.

V.F. Yakovlev notes that the dialectical unity of its two sides is inherent in the service. He refers to one of them the inherent quality of services to form the labor process, to constitute one of its forms (in this regard, it is not a use value). The other side of the service is that the service appears as the result of specific labor, its useful effect, which has a use value.

The concept, procedure for concluding and terms of an agreement for the provision of hotel services

The development of contractual relations for the provision of hotel services is largely due to the formation and development of tourism.

In the early period of the development of tourism, private hospitality prevailed and the traveler had no other options.

One example of private hospitality is the story of a certain Telli, a wealthy man from Sicily, who at the end of the 5th century BC. put servants at the door, and they invited each personally and all strangers. Once he provided accommodation for five hundred horsemen who entered the city during a winter blizzard, and not only fed them, but also let them go with a change of clothes. Private hospitality played an important role even when visiting yards began to appear everywhere. So, merchants counted on the hospitality of counterparties, aristocrats and the rich - from influential friends, and people, which is simpler - from those who shelter them. Wealthy houses always had at least one guest room, usually with a separate entrance, and sometimes it was a separate house.85

However, over time, already in Magna Graecia - the Greek colonies on the coast of the southern part of the Apennine Peninsula, representatives of local ethnic groups were provided with the right to receive them by Greek settlers. This right was secured by relevant treaties. Hospitality was carried out under agreements between the Neapolitan Greeks and the inhabitants of the territory adjacent to Naples - the Samnites. Such treaties provided for "public hospitality" and, during the late Roman Republic, provided for the protection and protection of citizens' property and the exchange of ambassadors.

Another basis for hospitality in the Roman state was patronage. It arose on the basis of orders that applied to cities conquered by Rome. Their inhabitants were obliged to give hospitality to Roman citizens - officials and tax collectors. The treaty of patronage was carved in stone or engraved on bronze and decreed that a given city recognizes for certain of its citizens the hereditary position of a patron, who, on behalf of a city conquered by Rome, which became allied with Rome, received any Roman citizen who passed through the city and performed governmental duties there. commission or simply recommended by the Roman authorities. The duties of the patron included, first of all, facilitating the guest's stay in the city. The patron was also responsible for any conflicts between the guest and the city.

With private hospitality, the guest and the host entered into an agreement between themselves, which in some cases was furnished with signs of hospitality.

The procedure for the provision of hotel services on the basis of and in accordance with the agreement concluded by the parties has been preserved to this day. Hospitality enterprises everywhere, receiving guests, try to protect their interests by an agreement concluded between the contractor and the customer of the hotel service.

In Russia, contractual relations for the provision of services are regulated by the Civil Code of the Russian Federation. The rules of Ch. 39 of the Civil Code of the Russian Federation regulates relations for the provision of services for a fee.

According to paragraph 1 of Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. From the above definition it follows that the contract, which is devoted to Ch. 39 of the Civil Code of the Russian Federation, refers to the number of consensual, bilateral and compensated contracts.

YES. ZHMULINA,
Competitor of the Department of Commercial Law, Faculty of Law, St. Petersburg State University

Based on a detailed analysis of the current legislation, the article examines the system of state regulation of activities for the provision of hotel services in the Russian Federation, and also formulates proposals for improving the regulation of this area.
There are many people involved in the provision of hotel services who serve a huge number of consumers. This is not an entrepreneurship designed for a narrow circle, but an industry that offers modern society with its diverse requests conditions for relaxation.
State regulation activities for the provision of hotel services is carried out through the legal regulation of this area, as well as through the standardization and classification of hotels and other accommodation facilities, creating favorable conditions for investment in the hotel industry.
The legal regulation of services, in particular hotel services, begins with the Constitution of the Russian Federation, which states that the Russian Federation guarantees the unity of the economic space, the free movement of goods, services and financial resources (part 1 of article 8), and also enshrined fundamental human rights and freedoms and a citizen important for this area, including the right to move freely, choose a place of stay and residence (part 1 of article 27), the right to rest (part 5 of article 37).
In the Civil Code of the Russian Federation, services are singled out as an independent object of rights (Articles 1, 2, 128, etc.). Chapter 39 “Paid services” of the Civil Code of the Russian Federation is devoted to the regulation of contractual relations for the provision of services, the significance of which lies in the fact that it lays the foundation for civil legal relations not yet named in this code. Among them are relations for the provision of hotel services. In paragraph 2 of Art. 779 of the Civil Code of the Russian Federation, containing a list of services, hotel services are not specified. However, this does not mean that the rules of Chapter 39 of the Civil Code of the Russian Federation do not apply to such relations, since the list of services provided is not exhaustive.
The next source of legal regulation of activities for the provision of hotel services is the Federal Law of November 24, 1996 No. 132-FZ “On the Basics of Tourism Activities in the Russian Federation” (hereinafter referred to as the Law on Tourism Activities). This law applies to hotel activities only indirectly. From the conceptual apparatus of the Law on Tourism Activities, it becomes clear that hotel activities cannot be classified as tourism or other travel activities.
At the same time, the Law on Tourism Activities classifies hotels as objects of the tourism industry, and in Art. 4 declares the development of the tourism industry, which provides for the needs of citizens when traveling, that is, in fact, the development of hotels, as one of the main goals of state regulation of tourism activities.
The Law on Tourism Activities also determines that accommodation services are an integral part of the tourism product, and the activities for the formation, promotion and implementation of the tourism product are tourism activities. Thus, we can say that the state regulation of the sphere of tourism activities very significantly affects the provision of hotel services.
An important role in regulating the provision of hotel services is played by the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” (hereinafter referred to as the Consumer Rights Protection Law), which regulates the relationship that arises between the consumer and the service provider, including and hotel, establishes the rights of consumers (to purchase services of adequate quality, safe for their life, health and property; to receive information about services and their performers; to state and public protection of consumer interests), and also determines the mechanism for exercising their rights.
Law of the RSFSR of June 26, 1991 No. 1488-1 “On investment activities in the RSFSR”, federal laws of July 9, 1999 No. 160-FZ “On foreign investments” and Federal laws of February 25, 1999 No. 39-FZ “On investment activities in the Russian Federation, carried out in the form of capital investments” determine the basic guarantees of the rights of investors to investments and the income and profit received from them, the conditions for entrepreneurial activity of investors in the hotel market of Russia.
Federal Law No. 184-FZ dated December 27, 2002 “On Technical Regulation” (hereinafter referred to as the Law on Technical Regulation) is extremely important for regulating the quality of services, since it regulates the relations that arise during the development, adoption, application and execution on a voluntary basis of requirements for the provision of services .
Among the sources of legal regulation of relations for the provision of hotel services, the key ones are the Rules for the provision of hotel services in the Russian Federation, approved by Decree of the Government of the Russian Federation of April 25, 1997 No. 490 (hereinafter referred to as the Rules for the provision of hotel services).
These rules are adopted in accordance with the Consumer Rights Protection Law and contain rules governing the procedure for providing information about hotel services, the procedure for registering hotel accommodation and paying for services, the procedure for providing services, and the responsibility of the contractor and consumer.
The rules for the provision of hotel services contain definitions key concepts for the provision of hotel services. Thus, a hotel is defined as Property Complex(building, part of a building, equipment and other property) intended for the provision of services. However, the given definition does not seem to be quite correct and does not meet the realities of modern relations in this area.
The consumer of services, according to the Rules for the provision of hotel services, is a citizen who intends to order or order and use services exclusively for personal, family, household and other needs not related to business activities.
Thus, if you follow the Rules for the provision of hotel services, citizens who carry out any activity aimed at generating profit during their stay at the hotel, including citizens who perform their duties under a civil law contract (for example, lecturers , lawyers, solicitors). It is ambiguous when the Rules for the Provision of Hotel Services classify as consumers citizens sent on a business trip by order of the employer in accordance with labor legislation and performing their labor duties during their stay at the hotel. In such a situation, an employer, a legal entity or an individual entrepreneur orders hotel services, who sends his employee on a business trip, including for the purpose of making a profit, and the employee consumes the services, which is a “tool” for making a profit.
Consequently, the Rules for the provision of hotel services, which regulate the key points in relations for the provision of hotel services, are designed only for a narrow area of ​​relations, which include relations with the participation of consumer citizens on the side of the recipient of the service.
State standard of the Russian Federation GOST R 51185-98 " Tourist services. Accommodation facilities. General requirements”, approved by the Decree of the State Standard of Russia dated July 9, 1998 No. 286, contains a number of rules governing the provision of hotel services. However, according to Art. 46 of the Law on Technical Regulation, the aforementioned GOST is subject to mandatory execution only in the part that ensures the achievement of the goals of the Russian legislation on technical regulation.
GOST R 51185-98 defines such concepts as “accommodation facilities”, “accommodation facility services”, “accommodation facility service provider”, classifies accommodation facilities, limiting them to a simple enumeration.
Summing up the analysis of regulatory legal acts in the field of hotel services, we can conclude that the current domestic regulation of this activity is incomplete. Legal regulation of public relations in this area is carried out mainly at the sub-legislative level.
The qualitative level of legal regulation of activities for the provision of hotel services is obviously low and insufficient for the successful development of the hotel industry in our country. In order to increase the effectiveness of the legal regulation of relations for the provision of hotel services, it is necessary, from our point of view, to finalize the Rules for the provision of hotel services, it is necessary to establish special rules on the regulation of business relations in this area. Article 17 of Federal Law No. 128-FZ of August 8, 2001 “On Licensing Certain Types of Activities” contains an exhaustive list of types of activities subject to mandatory licensing. Activities for the provision of hotel services are not included in this list; accordingly, licensing in this area is not carried out.
According to part 3 of Art. 4 of the Law on Tourism Activities, state regulation of the tourism industry, which, as we noted earlier, primarily includes hotels, is carried out by standardizing and classifying objects of the tourism industry. From our point of view, this area of ​​state regulation is extremely important and necessary, as it implements the right of consumers to information about the provider of accommodation services and about the services themselves in accordance with Art. 8 of the Consumer Protection Act.
Article 5 of the Law on Tourism Activity establishes the rule that the standardization and classification of objects of the tourism industry is carried out in accordance with the legislation of the Russian Federation.
The standardization of services in our country is regulated by the Law on Technical Regulation. With regard to services in general and to hotel services in particular, this law defines technical regulation as the legal regulation of relations in the field of establishing and applying, on a voluntary basis, requirements for the provision of services, as well as assessing and confirming the compliance of services with these requirements. The Law on Technical Regulation establishes that such requirements may exist in the form of standards or contracts. This law does not provide for any other forms of documents establishing the composition and content of voluntarily accepted requirements for services. The Law on Technical Regulation also does not allow the application of procedures for mandatory confirmation of compliance of services with certain requirements and forcing voluntary confirmation of compliance, including in a certain system of voluntary certification.
The voluntary certification system can be created by any legal entity or individual entrepreneur or several legal entities and (or) individual entrepreneurs. The voluntary certification system may be registered with the Federal Agency for Technical Regulation and Metrology, but may not be registered.
It can be concluded that in Russia hotel services are not subject to mandatory certification, only voluntary confirmation of compliance with any criteria is necessary, and it is not necessary to register these criteria, they can be developed and applied by any organization. This means that the establishment and application of standards in this area, if we follow the Law on Technical Regulation, is completely removed from the jurisdiction of state bodies.
However, the state is actively involved in the development of criteria for assessing the quality of hotel services.
Thus, the Ministry of Economic Development of Russia, by order of June 21, 2003 No. 197, approved the Regulations on the state system for classifying hotels and other accommodation facilities. This hotel classification system existed for two years and was canceled in connection with the order of the Federal Tourism Agency dated July 21, 2005 No. 86 “On approval of the Classification System for hotels and other accommodation facilities (hereinafter - Order No. 86). This System classification of hotels and other accommodation facilities (hereinafter referred to as the Classification System) is currently used. Let's take a closer look at this document.
First of all, in our opinion, the very concept of "classification system" in the context of the document and in the light of the concepts and definitions of the Law on Technical Regulation, as well as from the standpoint of the vocabulary of the Russian language, is incorrect. The concept of "classification" in its encyclopedic meaning is a way or process of dividing a set of objects into classes, in this case - into categories, denoted by the number of stars. Classification in the system under consideration is understood as the process of assigning a particular hotel to a classification group - category. This process consists of two consecutive steps: assessment of the hotel's compliance with the classification requirements; documentary confirmation of the established conformity of the category. Then the hotel is issued a certificate of category and mark of conformity. However, according to Art. 2 of the Law on Technical Regulation confirmation of conformity - documentary evidence of the compliance of the provision of services with the provisions of the standards; certificate of conformity - a document certifying the compliance of the object with the provisions of the standards; certification - a form of confirmation of compliance of objects with the provisions of the standards. That is, what is called "classification" in Order No. 86, according to the Law on Technical Regulation - "certification".
In this regard, it seems necessary to make appropriate changes to Order No. 86 and replace the concept of "classification" with the term "certification", which, in fact, is.
The classification system contains requirements for hotels and other accommodation facilities, criteria for their scoring and requirements for rooms of various categories and criteria for their scoring, in accordance with which hotels and other accommodation facilities are evaluated for compliance with a particular category.
The problem of developing uniform requirements for assessing accommodation facilities is constantly in the focus of attention of specialists around the world. Since tourism has become massive and the complex problem of certification of hotel services has become quite acute, various organizations have repeatedly attempted to adopt a single world standard for the services provided by hotels. However, to date, these attempts have not been successful due to many reasons, primarily the national and historical features of the tourism industry in different countries. In 1989, the Secretariat of the World Tourism Organization (WTO) issued Recommendations for the Interregional Harmonization of Hospitality Classification Criteria. This document can now be considered as international standard hotel services. It should be noted that it is purely advisory in nature.
In our opinion, the requirements for hotels and other accommodation facilities mentioned above and the criteria for their scoring, as well as the requirements for rooms of various categories and the criteria for their scoring of the Classification System comply with the WTO recommendations. Similar to the WTO document, the Classification System contains requirements for the hotel building and its surrounding area, water and energy supply, heating, security issues, rooms, technical and sanitary equipment, additional hotel premises, services provided, maintenance personnel, etc. Each requirements are divided into two groups. The first applies to hotels of all categories. Compliance with these requirements is a necessary condition for ensuring the safety of the guest. The second group includes requirements for specific categories of hotels.
It seems that a significant shortcoming of the Classification System is the lack of connection between the requirements for hotels and other accommodation facilities and the criteria for their scoring and the requirements for rooms of various categories and the criteria for their scoring. The result of room categorization does not affect the category assigned to the hotel. We propose to link the two groups of requirements with a certain algorithm that assumes the availability of rooms of a certain category in a hotel of a certain category.
The organizational structure of the Classification System consists of five levels. Firstly, it is the governing body of the system - the federal executive body in the field of tourism. In terms of the Law on Technical Regulation, this is a legal entity that has formed a voluntary certification system. The governing body of the system approves the decisions of the attestation commission and creates an appeals commission. Secondly, there is a central body of the system (CSO), which creates an attestation commission and approves the documents of the system, accepts applications for peer review, conducts single register system, and also performs coordinating functions, develops methodological documents, collects and analyzes information, etc. The decision to assign or refuse to assign the requested category to the accommodation facility is made by certifying commission. Directly expert assessment accommodation facilities are produced by classification bodies, which are created on the basis of an organization determined by the CSO. There is also a commission that hears appeals on issues related to the classification. The law on technical regulation, in addition to the person who formed the voluntary certification system, provides for only one body - a voluntary certification body.
Despite the obvious external differences from the organizational structure established in the Law on Technical Regulation, there is no radical illegality in the organizational structure of the Classification System. However, the number of decision-making levels and the excessive bureaucracy of the process seem unreasonable and inappropriate for the task being solved. In our opinion, this complicates and overestimates the cost of assessing and confirming compliance with the category.
In general, the Classification System, although it needs a number of improvements, including conceptual ones, is a coherent and integral system for the certification of hotels and other accommodation facilities. And it could well become the basis and guarantor of the stability and constancy of the quality of hotel services in the Russian Federation.
However, the Classification System has, as it seems to us, one significant drawback. It is voluntary, and no one can force hotels to receive a category certificate. It is also clear that hotels offering low quality services will either not be certified at all or will do so under another system established under the Law on Technical Regulation. And absolutely legally they will receive even the highest category within own system compliance.
It is quite difficult to compare the quality of services provided in hotels classified according to different systems. After all, with any classification, some limited sample is made from a huge variety of parameters that can be evaluated. And the affected party in this situation is the consumer who, when ordering a hotel from another region, focuses on the category indicated in the brochure or on the hotel website, but does not know on what basis this category was assigned. He has his own ideas, for example, about the category "three stars", but he receives services at the level, in his opinion, "one star". However, at the same time, the consumer cannot make any claims against the contractor, because the latter has a certificate of conformity for a three-star hotel under a certain voluntary certification system.
It is important to note that an attempt was made to solve this problem by the state. The classification system was approved by the Decree of the Government of the Russian Federation dated July 15, 2005 No. 1004-r. The approval indicates that the state, represented by the federal executive body in the field of tourism, acts as a guarantor that the hotel or other accommodation facility actually meets all the requirements for the category assigned to it. However, in our opinion, this does not solve the problem. Even the classification system approved by the Government of the Russian Federation does not become mandatory and remains only one of a number of possible certification systems. The consumer is not provided with reliable information about the category of the hotel.
In the light of the above, it seems necessary to introduce mandatory certification of hotels and other accommodation facilities on the territory of the Russian Federation. To this end, it is proposed in the Law on Technical Regulation to classify the provision of hotel services not as services, but as processes, and to adopt an appropriate law on the technical regulation of hotel activities, which can be based on a revised and supplemented Classification System.

Bibliography
1 See: International tourism: legal acts. - M., 2002. S. 307-323.

Novosibirsk State Technical University

Correspondence faculty

Department of Service Economics

Socio-cultural service and tourism

Course work

Legal support of social and cultural services and tourism

Peculiarities legal regulation of hotel service

Completed by: Efimova M.L.

ZF Group - 709

Checked by: Ivlev S.V.

Novosibirsk 2010

Introduction

1. Characteristics of the regulatory framework

1.1 International normative and legal acts of hotel service

1.2 Russian regulations for the provision of hotel services

2. Features of state regulation of hotel service in the Russian Federation

2.1 Legal history

2.2 Standardization and classification of temporary accommodation facilities

Conclusion

Bibliography

Introduction

The international hotel business occupies an important place in the modern world economy. At least in recent decades, it has been one of the most dynamically developing and highly profitable types of economic activity. The development of the national hotel industry, especially through its connection to the international hotel business, is of great importance in many countries of the world, since this economy plays an important role in providing employment for the local population, having a positive impact on other sectors of the national economy. In a number of countries, the international hotel business is the most important (if not the only) source of foreign exchange earnings for the state budget. In addition, its activity in a single country contributes to its access to international investment capital and deeper integration into the world economy. Thus, the international hotel business can play an important role in solving the problems of integrating the domestic economy into the world economy, investing in the real sector of the economy, contributing to its restructuring, which is currently of exceptional importance for Russia, in which, despite the huge recreational potential and growth influx of foreign tourists, the hotel industry is very far from international standards. Of particular relevance to this topic is the fact that Russia will soon join the WTO, membership in which puts the national hotel business in completely new conditions. It is no coincidence that at the federal and municipal levels in the Russian Federation, the improvement of the modern infrastructure of the hotel business is recognized as one of the priority areas for the development of the national economy. At the same time, mastering the experience and technologies of the international hotel business comes to the fore. The hospitality business, or the activity of hotel companies in providing accommodation and related services to a wide range of people, is the activity of providing hotel services.

When carrying out this activity, various and interconnected relations arise, which are subject to legal regulation.

Firstly, these are relations regarding the provision of accommodation and related services (booking rooms, receiving, accommodating and serving guests, etc.)

Secondly, these are the relations that the hotel company enters into in connection with the logistics and maintenance of the hotel (water and electricity supply of the hotel, major and current repairs, purchase Supplies, furniture and equipment, etc.).

object This work will be an activity in the implementation of which relations subject to legal regulation arise to provide the guest with comfortable temporary accommodation and related services in the hotel.

Subject my work will be the international and Russian regulatory framework and regulatory bodies for the provision of hotel services.

This paper will consider the features of international and Russian legal regulation of the provision of hotel services, which is designed to help the hotel business, protect the rights and interests of all participants in the hotel business.

The work used scientific and educational literature, studied the works of domestic and foreign authors: Zhmulina D.A., Bondarenko G.A. , Volkova Yu.F., Votintseva N.A., Balashova E.I., . Feoktistova I.A., Kuskova A.S., Senina V.S., Voloshina N.I., as well as legislative and regulatory acts of federal authorities.

1. Characteristics of the regulatory framework

1.1 International normative and legal acts of hotel service

The hospitality industry as an economic activity includes the provision of hotel services and the organization of short-term accommodation in hotels, campsites, motels, school and student hostels, guest houses, etc. for a fee.

In international practice, the Standard Classification of Tourist Accommodation Facilities, developed by WTO experts, has been adopted. There are two categories: collective tourist accommodation facilities, which are divided into categories - hotels and similar accommodation facilities, specialized establishments, other collective establishments; and individual accommodation

A collective accommodation facility is understood as “any facility that regularly or occasionally provides tourists with accommodation to spend the night in a room or any other room, but the number of rooms that it has exceeds a certain minimum”, determined by each country independently (for example, in Russia -10 numbers, in Italy -7 numbers). And all the rooms in this enterprise should be subject to a single management (even if it is not aimed at making a profit), be grouped into classes and categories in accordance with the services provided and the equipment available.

Collective accommodation facilities for tourists include: hotels and similar accommodation facilities, specialized establishments and other accommodation enterprises.

Hotels have the following characteristics: they consist of rooms, the number of which exceeds a certain minimum, they have a single management; provide a variety of hotel services, the list of which is not limited to daily bed making, room and bathroom cleaning; grouped into classes and categories according to the services provided, equipment available and country standards; not included in the category of specialized institutions; focused on their segment of travelers; may be independent or be part of specialized associations (chains). Similar establishments include boarding houses and furnished rooms, tourist hostels and other accommodation facilities that consist of rooms and provide limited hotel services, including daily bed making, room and bathroom cleaning. Specialized enterprises, in addition to providing accommodation services, perform some other specialized function, for example, organization of conferences, treatment. This includes health facilities, work and recreation camps. Other collective accommodation facilities provide limited hotel services, excluding daily bed making and housekeeping. They may not consist of numbers, but be units of the “dwelling” type. All funds are classified into separate groups.

The group “Hotels and Similar Businesses” includes hotels, apartment hotels, motels, road and beach hotels, accommodation clubs, boarding houses, furnished rooms, tourist hostels.

The "Specialized Enterprises" group consists of sanatoriums, labor and recreation camps, accommodation in collective means of transport (trains, yachts), as well as congress centers.

The group “Other collective accommodation facilities” includes complexes of houses and bungalows organized as holiday homes, fenced areas for tents, caravans, mobile homes, bays for small boats.

Individual accommodation facilities include own dwellings - apartments, villas, mansions, cottages used by resident visitors, rooms rented from individuals or agencies, premises provided free of charge by relatives and friends.

Attribution to one or another means of accommodation is determined by the laws and regulations of each country. For example, in Italy, the “Basic Law for the Development and Improvement of Tourism” refers to the hotel industry enterprises for the reception of tourists - hotels, motels, rural tourist complexes and boarding houses, bases and recreation camps for youth, tourist villages, rural houses, houses and furnished apartments, houses recreation, youth homes, alpine shelters.

Classification of accommodation services and terminology presented in normative documents Russia and the Standard International Classification of Tourism Activities (SIKTA), adopted by Eurostat and the WTO, differ significantly.

In different countries of the world, different symbols are used to designate the category of hotels and other accommodation facilities - from stars in France and Russia to crowns in England. Attempts to introduce a unified international classification of hotels have not been successful so far.

However, in 1989, the WTO Secretariat developed Recommendations on the interregional harmonization of hotel classification criteria based on standards adopted by the regional commissions. The recommendations define the minimum requirements for the building and rooms, the quality of hotel equipment and furniture, energy and water supply, heating, sanitation, security and communications, hotel services and staff. The highest category of hotels is five stars, the lowest one star. In most countries, the provisional classification of a hotel is necessary condition when obtaining a license for hotel activities. Many hotel chains set their own, usually higher than national standards, requirements.

To protect the professional interests of hotel industry workers in a number of countries, national hotel associations are formed (for example, the Russian Hotel Association - RGA), which, in turn, formed the International Hotel Association (IHA), which is the leading international organization in the hotel industry. An important contribution of the IGA to the development of international tourism was the adoption in 1981 of the International Hotel Rules, which define the principles of the relationship between the client and the hotel administration and have not lost their relevance to this day.

The purpose of the International Hotel Rules is to codify the generally accepted international trading practices regulating the issues of the contract for accommodation in a hotel. They are intended to inform the guest and the owner of the hotel about their mutual rights and obligations. These rules supplement the provisions provided for in national laws on contractual relations. They apply when such legislation does not include specific provisions relating to a hotel accommodation contract. The Rules consist of two parts, the first part - contractual relations, the second - other obligations.

The person staying at the hotel is not necessarily a party to the contract; a hotel accommodation contract can be concluded on his behalf by a third party. In the Rules, the term "client" means an individual or legal entity that has entered into a contract for hotel accommodation and is responsible for paying for this accommodation. The term "guest" means an individual who intends to stay or is staying at a hotel.

According to the accommodation contract, the hotel owner is obliged to provide the guest with accommodation and additional services. The services provided are expected to be in line with normal hotel services by hotel category, including use of the room and amenities normally provided for the general needs of guests. The customer is responsible for paying at the agreed price. The terms of the contract are determined by the category of the hotel, national legislation or instructions for the operation of the hotel (if any), International Hotel Rules and the internal rules of the hotel, which must be shown to the guest.

The contract does not have any particular form. It is considered concluded when one party accepts the terms offered by the other party. The term of the contract can be concluded for a fixed or indefinite period. When the contract is concluded for an approximate period, the shortest period is considered to be agreed.

The accommodation agreement ends at 12:00 on the day following the day of the client's arrival, unless the agreement stipulates and agrees on accommodation for longer than one day.

In the event that the contract is not fully or partially performed, the guilty party is obliged to fully compensate the other party for all its losses. The injured party undertakes to take all necessary measures to reduce possible losses. If the hotel owner cannot fulfill the contract, he must make arrangements to find another accommodation of equal or higher standard in the same area. All additional costs incurred in connection with this must be covered by the hotel owner. If he fails to do so, he will be liable for compensation. The end of the contract is agreed by the parties on a mutual basis. The hotel may request full or partial advance payment. If the hotel receives a certain amount of money from the client in the form of an advance, this should be considered an advance payment for the accommodation and Additional services to be provided. The hotel must return the money paid in advance in the amount of the excess of the advance payment over the amount required to be paid, unless it has been agreed in advance that this advance payment is non-refundable. The invoice becomes effective from the moment of its delivery.

Any serious or repeated breach of contractual obligations entitles the affected party to terminate the contract immediately, without prior notice.

The second part of the Rules refers to the responsibility of the owner of the hotel and the guest. The legal liability of the hotel owner is determined by national law. In the absence of relevant provisions in national legislation, the provision of the European Convention of December 17, 1962 should be adopted. Liability for the guest's property is usually limited, except in cases where the fault of the hotel owner or his employees is obvious. The obligation of the hotel to accept valuables depends on the size and category of the hotel.

The guest (client) is legally liable to the hotel owner for any damage to persons, building, decoration or equipment, due to his established fault. The hotel, as a guarantee of payment of any amounts due to it, has the right to detain and subsequently sell at a commercial value any property delivered by the guest to the hotel premises. The guest must behave in accordance with the customs and internal regulations adopted in the hotel. A serious or repeated violation of the internal regulations gives the hotel the right to terminate the contract immediately, without prior notice. If the guest wants to bring a pet with him to the hotel, he must first make sure that this is allowed by the internal regulations of this hotel.

In European practice, in the event of a discrepancy between the services provided in the tour, the amount of compensation received by the tourist by agreement of the parties or by a court decision is determined. The amount of compensation is taken from the Frankfurt table. The table is used if it is adopted by a departmental act in force in the given territory, or is included by the parties in the contract for the provision of tourist services. The Frankfurt table determines the amount of compensation to tourists for services ordered but not provided. It is a public document and is recommended by European tourism law for the settlement of relations between operators and customers. The table has been around for decades and, although not legally binding, has been used successfully in dispute resolution. The Frankfurt table was once developed by associations of tour operators in Germany to unify the rules for indemnifying tourists for services not provided at all or of poor quality. Of course, this table is advisory in nature, but with German meticulousness it lists all the typical claims that a client can make to a travel agency, and determines the amount of compensation. The table has sections "Accommodation", "Meals", "Other", "Transport". Each specified type of violation corresponds to a certain amount of compensation, expressed, as a rule, as a percentage of the cost of the relevant service or group of services. Some types of violations are accompanied by notes that allow you to clarify the percentage that should be applied in each specific case. When using the Frankfurt table, it should be borne in mind that the percentages indicated in it must be calculated based on the cost of a particular service. If its cost cannot be singled out, then it is necessary to be guided by the cost of the group of services, of which the “underproduced” service is a part. When grouping services, it is recommended to follow the classification adopted in the table itself: by accommodation, by food, by transport, etc. In practice, sometimes it is not possible to distinguish between complexes of services - for example, those related to accommodation and meals. Then the complex cost of these two groups of services is taken, while the proportion of compensation indicated in the table, expressed in percentage intervals, is reduced accordingly. The Frankfurt table was developed and is used as a universal document, that is, it covers all types of damage caused to tourists, with the exception of compensation for harm caused to human life and health, as well as property (luggage, things) lost by a tourist due to the fault of a travel agency or hotel. The amount of these types of damage can be calculated and compensated separately. When using the table, it should be borne in mind that minor damage is not taken into account, the percentage does not depend on the personal qualities of individual tourists (age, gender, sensitivity or insensitivity to anything). But as an exception, the percentages can be increased (the largest percentage increase is 50%) if the tourist's special personal qualities or shortcomings were known to the travel agency when he bought the trip. Under the “Other disadvantages” section, a reduction is not provided if the damage to the tourist was obvious and unprovable in advance. The percentage rate is taken from the full price (including the cost of transport). These tables are now beginning to be applied in our country. They contain specific amounts of compensation for causing inconvenience to tourists. The tables are not our law, so Russian courts cannot use them as a basis for determining the amount of a fine. Another thing is if the contract between the travel agency and the citizen expressly stipulates that the Frankfurt tables are used in determining penalties. According to them, if the air conditioner is not working, compensation should be from 10 to 20% of the cost of the tour, depending on the season. If the room was poorly or rarely cleaned, you can claim a refund of 5 to 10% of the cost of the tour. Also, from 5 to 10% is reimbursed if the menu was monotonous or insufficiently hot food was served. From 20 to 30% can be obtained by proving that the food was spoiled. Therefore, the activity of foreign tourists becomes understandable, seeking to fix any inconvenience or malfunction in writing with our guide-interpreters. In addition to material damage, the tourist has the right to demand compensation for moral damage if the fault of the tourist organization is proven. The amount of compensation is determined directly in court and depends on the degree of physical and moral suffering caused to a citizen by a violation of his rights.

1.2 Russian regulations for the provision of hotel services

The modern legal regulation of relations for the provision of hotel services is based on the provisions of part 1 of article 8 of the Constitution of the Russian Federation, which proclaims that “the unity of the economic space, the free movement of goods, services and financial resources are guaranteed in the Russian Federation ...”, and also enshrines fundamental rights and freedoms of man and citizen, important for this area, including the right to move freely, choose the place of stay and residence, the right to rest.

In the Civil Code of the Russian Federation, services are singled out as an independent object, and Chapter 39 of the Civil Code of the Russian Federation "Payable provision of services" is devoted to the regulation of contractual relations for the provision of services. However, in the list of services there is no indication of hotel services (Clause 2, Article 779 of the Civil Code of the Russian Federation), but this does not mean that the rules of Chapter 39 do not apply to these relations.

The following source of legal regulation of activities for the provision of hotel services: Federal Law of November 24, 1996 No. 132-FZ "On the basics of tourism activities in the Russian Federation." This Law declares that one of the main goals of state regulation of tourism activities is the development of hotels, and accommodation services are an integral part of the tourism product. It follows that the state regulation of the sphere of tourism activities very significantly affects the provision of hotel services.

An important role in regulating the provision of hotel services is played by the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights”, which regulates the relationship that arises between the consumer and the provider of services, including hotel services, determines the rights of consumers to purchase services of proper quality, safe for their life and health, to receive information about services and their performers, state and public protection, as well as a mechanism for the implementation of these rights.

Law of the RSFSR of July 26, 1991 No. 1488-1 "On investment activities in the RSFSR" Federal laws of July 9, 1999 No. 160-FZ "On foreign investments" and of February 25, 1999 No. 39-FZ "On investment activities in the Russian Federation in the form of capital investments” define the main guarantees of the rights of investors to investments and the income and profit received from them, the conditions for entrepreneurial activity in the hotel market of Russia.

Federal Law No. 184-FZ of December 27, 2002 "On Technical Regulation" plays a significant role in assessing the quality of services, regulates relations arising from the development, adoption, application, and voluntary fulfillment of requirements for the provision of services.

National standard of the Russian Federation GOST R 51185-2008 “Tourist services. Accommodation facilities. General requirements” defines such concepts as “accommodation facility”, “hotel”, “room”, and also establishes the types of accommodation facilities and rooms in accommodation facilities. The specified GOST also contains a number of general requirements that are advisory in nature.

One of the main sources of legal regulation of relations for the provision of hotel services is the "Rules for the provision of hotel services", hereinafter referred to as the Rules for the provision of hotel services, which were adopted by Decree of the Government of the Russian Federation of April 25, 1997 No. 490 and Decree of the Government of the Russian Federation No. 693 of September 15, 2000 clarifications, in accordance with the Law on the Protection of Consumer Rights. The Rules for the provision of hotel services contain definitions of the concept of "hotel" and establish who can be a party to an agreement on the provision of hotel services and determine the rights, obligations, and responsibilities of the parties under such an agreement. In these Rules, a consumer is a citizen who intends to order or who orders and uses services solely for personal, family, household and other needs not related to entrepreneurship. Relations between consumers and performers are regulated by the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” (hereinafter referred to as the Law on Consumer Rights Protection). It is clear that this document does not apply to legal entities, as well as entrepreneurs who use, purchase, order, or have the intention to purchase or order a service not for personal household needs, but for business.

An example of such relations is the formation of a tourist product by a tour operator with its subsequent implementation. In this case, hotel services are purchased by the tour operator and included in the complex tourist service, which is sold to the tourist. At the same time, the tourist does not directly enter into a contractual relationship with the contractor providing hotel services. Thus, relations for the provision of hotel services to persons who are not consumers within the meaning of the Rules for the provision of hotel services do not fall under their legal regulation.

It should also be noted that not always the consumer and the customer are the same person. And according to the Rules for the provision of hotel services, a consumer is a person who both orders a hotel service and uses it. That is, using a hotel service alone is not enough for a citizen to become a consumer. Accordingly, they are deprived of legal regulation of relations for the provision of hotel services, when services are ordered by a legal entity, but are performed by a citizen.

The rules provide:

The procedure for communicating to consumers information about the contractor, about the services provided, information about the certification of services subject to mandatory certification, information about the procedure for registering hotel accommodation and paying for services, about the procedure for concluding contracts for booking rooms in the hotel and the consequences if the consumer is late, about cases when the contractor is obliged to conclude an agreement with the consumer for the provision of services, about the details of the receipt or other document issued to the consumer when registering for a hotel stay, etc.;

· The procedure for the provision of services, the list of types of services provided by the contractor at no additional charge, the contractor's responsibility for the safety of the consumer's belongings;

The opportunity for the consumer, upon detection of shortcomings in the service provided, to demand free elimination of shortcomings or a corresponding reduction in the price for the service provided, or to terminate the contract for the provision of services and demand full compensation for losses if the contractor has not eliminated these shortcomings within the prescribed period;

The possibility for the consumer to refuse to fulfill the contract for the provision of services, subject to payment to the contractor of the expenses actually incurred by him;

Responsibility of the contractor for harm caused to life, health and property of the consumer due to shortcomings in the provision of services, as well as compensation for moral damage caused to the consumer by violation of his rights in accordance with the legislation of the Russian Federation;

· Compensation by the consumer of damage in case of loss or damage to the property of the hotel, as well as the responsibility of the consumer for other violations in accordance with the legislation of the Russian Federation;

Other rights and obligations of the contractor and the consumer.

2. Features of state regulation of hotel service in the Russian Federation

2.1 Legal history

I will not dwell on the history of the development of the hotel business. Let me just say that it arose with the emergence and development of people's needs for communication and the need to make various kinds of trips, mainly related to trade.

The lively social life during the period of the Roman Empire contributed to the emergence of inns of various comforts (boarding house, kumpons, stabules), which were under the constant supervision of state officials (ediles). It was during this period that the rules of liability of the inn for things belonging to the guest were formed and are currently in force. Inns kept lists of guests, accounting, paid taxes and fees to the state.

However, the first legal acts known to us that legalized legal status inns as subjects of economic relations appeared in the 18th century. In the conditions of medieval England, crime on the roads was so high that the roadside inn, in case of need for protection from robbers, was the only reliable shelter. The traveler, who was denied admission, was doomed to robbery, and possibly death. The main human need for survival was the reason for the adoption of a law according to which the owners of inns were obliged, under the threat of closing their establishments, to accept without any discrimination any traveler for such a time. what he needed to recuperate, provided, of course, that the guest paid for the accommodation and that the room was not overcrowded. At the same time, the owner of a tavern or tavern, serving local residents, had the opportunity to limit the number of his customers, since it was believed that the local residents, namely, they were his main customers, knew the true state of affairs on the roads.

The very first known rules for organizing hotel business in Russia were the rules introduced in Novgorod in foreign hotel yards starting from the 12th century. The Baltic was from that time the center international trade predominantly with German cities. In Novgorod there were foreign gostiny yards: Gothic, Danish, Swedish, as well as Russian yards - Pskov and Tver. The formation of trading yards in foreign lands undoubtedly required the drawing up of certain rules for the behavior and trade of merchants, for which skra was created, which means "book of laws". In the Gostiny Dvor, the Skra determined the rules for use, behavior, residence, internal regulations and relationships with the local population of all users without exception. Fines were imposed on violators. This is the oldest legal document that has survived to this day, which was the basis for the organization of the hotel business.

The 19th century was marked by official legal confirmation of the creation of hotels and restaurants, due to the adoption on February 2, 1821 of the “Regulations on hotels, restaurants, coffee houses, taverns and taverns”. This Regulation indicated who could contain these establishments. As well as the rules regarding the operation of hotel establishments, their internal arrangement and equipment, as well as a list of persons who were forbidden to be in these establishments.

In 1964, the Civil Code was adopted, in which the relations that develop in the hotel industry were classified as housing relations. True, in order to streamline the relationship between citizens and service personnel, the Internal Regulations in hotels were introduced, which were administered by the local Soviets of the RSFSR. Also approved were standard job descriptions for middle and junior service personnel of communal hotels of the RSFSR. But, the activity of providing hotel services for the first time received legal regulation with the adoption of the new Civil Code of the Russian Federation in 1994 (Civil Code of the Russian Federation). Currently, this is the same Civil Code of the Russian Federation, but with changes (dated February 20, August 12, October 24, 1997, July 8, December 17, 1999, April 16, May 15, 2001, March 21, November 14, 16, 2002, January 10, March 26, November 11, December 23, 2003, November 1, 2008, To date, the best lawyers in the country, on behalf of the President of Russia, have prepared new amendments, on November 13, 2010, draft amendments to the Civil Code of the Russian Federation were published on the website of the Supreme Arbitration Court of the Russian Federation).

The Civil Code of the Russian Federation is a law that is universally applied by legal entities and citizens of the Russian Federation, aimed at stable regulation of the relations that have developed as a result of reforms. The Civil Code of the Russian Federation defines the basic rights and obligations of entrepreneurs, ensures and protects the economic and personal rights of citizens, establishes rules on property and market turnover. Regulates the business system in the hotel and restaurant business, law enforcement and contractual relations.

The Civil Code of the Russian Federation does not contain special rules governing the provision of hotel services; however, Chapter 39 of the Civil Code of the Russian Federation defines the general model of the contract for the provision of services for compensation. And since the contract for the provision of hotel services is considered a type of contract for the provision of services for a fee, therefore, the norms of Chapter 39 of the Civil Code of the Russian Federation apply to it.

2.2 Standardization and classification of temporary accommodation facilities

State regulation of activities for the provision of hotel services is carried out through the legal regulation of this area and the creation of favorable conditions for its development. One of the directions of state regulation of activities for the provision of hotel services is the creation of special structures that conduct state policy in this area. This federal executive body is the Federal Agency for Tourism (Rostourism). Rostourism is under the jurisdiction of the Ministry of Sports, Tourism and Youth Policy of the Russian Federation. In terms of regulating hotel activities, Rostourism performs the following functions: it performs a comprehensive analysis and forecasting of this area in the Russian Federation, including the identification of priority areas in state regulation, develops and submits draft laws, regulations and other documents to the Government of the Russian Federation, and independently adopts regulatory legal acts on issues related to the regulation of hotel activities, summarizes the practice of applying the legislation of the Russian Federation in this area. To perform these functions, the structure of Rostourism provides for the Department of Analysis, Forecasting and Organization of Hotel and Tourism Activities and the Legal Department.

The second state regulatory body, along with Rostourism, is the Federal Agency for Technical Regulation and Metrology (a department of the Ministry of Industry and Energy), in particular its technical committee for standardization (TC 199 "Tourist services and services of accommodation facilities"). The main task entrusted to this committee is to improve the standardization system in the field of hotel activities, and the main function is to develop national hotel standards.

Rostourism does not have territorial bodies at the level of subjects of the Russian Federation. State regulation of hotel activities in the constituent entities of the Russian Federation is carried out by the executive authorities of the constituent entities

The most important instruments of state regulation of activities hotel organizations and consumer protection of hotel services is licensing, standardization and certification. According to Article 17 of the Federal Law of August 8, 2001 No. 128-FZ "On Licensing Certain Types of Activities", hotel activities are not mentioned here. Therefore, it can be carried out without a license.

According to Part 3, Article 4 of the Law on Tourism Activities, state regulation of the provision of hotel services is carried out by standardizing and classifying objects of the tourism industry, which include, first of all, hotels. The standardization of services in our country is regulated by the Law on Technical Regulation. With regard to services in general and to hotel services in particular, this law defines technical regulation as the legal regulation of relations in the field of establishing and applying, on a voluntary basis, requirements for the provision of services, as well as assessing and confirming the compliance of services with these requirements.

Article 18 of the Law on Technical Regulation states that such requirements may take the form of standards or contracts. Other forms of documents establishing the composition and content of voluntarily applied requirements for services are not provided. The Law on Technical Regulation does not allow the application of procedures for mandatory confirmation of compliance of services with any requirements and forcing to carry out voluntary confirmation of conformity, including in a certain system of voluntary certification. The voluntary certification system can be created by any legal entity or individual entrepreneur or several legal entities or individual entrepreneurs. The voluntary certification system can be registered with the Federal Agency for Technical Regulation and Metrology. Thus, we can conclude that in Russia hotel services are not subject to mandatory certification. They are subject only to voluntary confirmation of compliance with any criteria, and these criteria do not need to be registered; they can be developed and used by any organization.

By order of the Federal Agency for Technical Regulation, GOST R 51185-2008 “Tourist Services. Accommodation facilities. General requirements” Three groups of requirements can be distinguished. Firstly, the requirements for hotels in general: the availability of lighting, hot and cold water supply, sewerage, heating, ventilation, landscaped adjacent territory, convenient entrances for cars and buses, etc. Secondly, the requirements for the room: the minimum allowable area, the mandatory presence of certain furniture, inventory and items of sanitary and hygienic equipment, as well as certain equipment and an equipped bathroom. Thirdly, there are a number of requirements for hotel staff: the need for professional qualifications corresponding to the work performed, the duty of the staff to show courtesy and goodwill, and also to create an atmosphere of hospitality.

The following terms are used in the Standard: “accommodation facilities”, “tourist”, “accommodation facilities services”. Accommodation facilities are divided into collective and individual. Collective accommodation facilities include: hotels and similar accommodation facilities: hotels, motels, clubs, boarding houses, furnished rooms, hostels; specialized accommodation facilities: sanatoriums, dispensaries, labor and recreation camps, tourist and sports recreation centers, hunter's houses, congress centers, campsites. Individual accommodation facilities include: apartments, rooms in apartments, houses, cottages for rent. This GOST is intended for use by legal entities and individual entrepreneurs providing accommodation services, that is, including hotel companies. The application of this GOST is voluntary.[ 2, p. 62]

In Russia, there is a national voluntary certification system for hotel services, based on the classification of hotels according to the system of the number of "stars" in accordance with the "classification system of hotels and other accommodation facilities." (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").

Note that the classification of services is carried out in voluntary. Based on its results, the hotel is assigned a category, which is indicated by stars. The lowest of the assigned categories is indicated by one star, and the highest by five.

The central certification body is the body that leads the certification system or the system of certification of homogeneous products. The central authority for certification of accommodation services is the Department of Tourism of the Ministry of Economic Development of Russia.

The central authorities lead the certification system and perform certain functions of state bodies: they organize work in the system and coordinate the activities of all participants, establish rules for the certification procedure and system management, consider complaints from applicants (economic entities) about incorrect actions of certification bodies and testing centers accredited in this system. As a rule, the central body does not directly carry out work on certification. Decisions of the central bodies of certification systems on appeals can be appealed to the appropriate government body.

It should be noted that the problem of developing uniform requirements for assessing hotels is in the focus of attention of specialists around the world. There have been repeated attempts to adopt a single world standard for hotel services. To date, these attempts have not been successful, primarily because of the national and historical features of the tourism industry in different countries. However, in 1989 the Secretariat of the World Tourism Organization (WTO) issued recommendations for inter-regional harmonization of hotel classification criteria. It is this document that is considered as an international standard, but it is exclusively advisory in nature.

In this certification system, as in GOST, there is a significant drawback: their application is voluntary. Therefore, no one can force hotel companies to provide services in accordance with the requirements of GOST or to obtain a category certificate within the framework of the Hotel Classification System and other means. It is clear that companies offering poor quality services will either not be certified at all, or they will do it under another system created under the Law on Technical Regulation, and absolutely legally be able to receive even the highest category within their own compliance system. It is difficult to compare the quality of services qualified by different systems. Hence, the customer can receive a service much lower than the one he intended to receive. It is important to note that an attempt was made to solve this problem by the state. In particular, the classification system for hotels and other accommodation facilities was approved by the Government of the Russian Federation in order No. 1004-R dated July 15, 2005. This indicates that the state, represented by the federal executive authority in the field of tourism, acts as a guarantor that the hotel really meets all the requirements for the category that were assigned to this hotel.

However, this did not solve one of the problems: certification did not become mandatory, which means that the Customer is not provided with reliable information about the category of the hotel and the quality of hotel services.

Conclusion

In this paper, the features of the legal regulation of hotel service were considered. The unreasonable position of the legislator in matters of regulating the quality of hotel services was revealed. And the quality of hotel services is an important factor in the development of international and domestic tourism, which, in turn, contributes to the development of the economy of our country, an increase in budget revenues, and the creation of new jobs. The existing system of voluntary confirmation of compliance not only does not improve the overall quality of hotel services in the country, but, on the contrary, creates confusion and prerequisites for abuse by unscrupulous hotel companies. Here I agree with the recommendations of Zhmulina, who proposes to introduce mandatory certification in Russia.

Based on the analysis of regulatory legal acts in the field of hotel services, we can conclude that the current domestic regulation of this activity is incomplete. There is no regulation of relations with the participation of legal entities on the side of the customer of the service and individual entrepreneurs acting as a customer and recipient of services. In the book of Zhmulina D.A. recommendations are also given on making some corrections and additions to the Rules for the provision of hotel services, with which it is impossible not to agree.

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State regulation of activities for the provision of hotel services is carried out through the legal regulation of this area and the creation of favorable conditions for its development. Regulatory documents regulating the activities of hotel enterprises:

• 1. International hotel regulations. The aim is to codify generally accepted international trade practices governing the hotel contract. They are designed to inform the guest and the owner of the hotel about their mutual rights and obligations. These rules are in addition to the provisions provided for in national laws on contractual relations. They apply where such legislation does not include specific provisions relating to a hotel accommodation contract.
• 2. International hotel convention. The Convention applies to hotel contracts of an international character concluded between hoteliers and travel agents whose location or location of their establishments is registered in different states. The Convention is designed to regulate the signing and execution of hotel contracts, which are concluded by travel agents and hotel owners who have committed themselves to comply with the rules of this Convention or use them in their daily practice when concluding contracts. The Convention regulates two types of hotel contracts: contracts for the sale of hotel services to individual customers; contracts for the sale of hotel services to a group of clients. The international convention defines the stages and rules for concluding a hotel contract for each type of contract.
• 3. rules providing hotel services in RF. The rules for the provision of hotel services in the Russian Federation are developed on the basis of the Law of the Russian Federation "On the Protection of Consumer Rights", the current legislation and regulating relations between consumers and contractors in the field of providing hotel services. The hotel is intended for temporary residence of citizens for a period not exceeding two months, regardless of the place of registration. Accommodation for more than two months is possible only with the permission of the contractor. This document reflects information about services, the procedure for registering hotel accommodation and paying for services; the procedure for providing services; Responsibility of the contractor and consumer for the provision of services.
• 4. Position about state system classification hotels and others funds accommodation. This document establishes the goals, organizational structure and procedure for carrying out work in the Classification System for hotels and other accommodation facilities into the category "five stars", "four stars", "three stars", "two stars", "one star", regulates the procedure for classifying hotels and other accommodation facilities. The classification of a hotel and other accommodation facilities is carried out on a voluntary basis. The system has the right to interact with foreign classification systems for accommodation facilities, is open to the participation of enterprises of various organizational and legal forms and individual entrepreneurs that provide services to accommodation facilities and recognize and comply with its rules, provides free access to information about its rules, participants and classification results for providers and consumers of services of accommodation facilities, public organizations etc. The main goals of the System are: ensuring the stability of the quality of service in accommodation facilities; harmonization of criteria for classification of accommodation facilities in the Russian Federation by the Recommendations of the World Tourism Organization (WTO) and taking into account existing foreign practice; differentiation of accommodation facilities depending on the range and quality of services provided; assistance to the consumer in the competent choice of services of the accommodation facility; providing the consumer with reliable information that the category of the accommodation facility is confirmed by the classification results and corresponds to the category established in the regulatory documents adopted in the System; increasing the competitiveness of hotels and other accommodation facilities; promoting the development of inbound and domestic tourism by strengthening the confidence of Russian and foreign consumers in the results of the classification of accommodation facilities and, accordingly, increasing the revenue side of the country's budget.