Federal Law of November 24, 1996 N 132-FZ "On the Basics of Tourist Activities in the Russian Federation" (as amended on January 10, 2003, August 22, 2004, February 5, 2007, December 30, 2008 ., June 28, 2009)
Adopted by the State Duma on October 4, 1996 Approved by the Federation Council on November 14, 1996
This Federal Law defines the principles of state policy aimed at establishing the legal foundations of a single tourist market in the Russian Federation, and regulates relations arising from the exercise of the rights of citizens of the Russian Federation, foreign citizens and stateless persons to rest, freedom of movement and other rights when making travel, and also determines the procedure for the rational use of the tourist resources of the Russian Federation.
Chapter I. General Provisions
Article 1. Basic concepts In this Federal Law, the following basic concepts are used: - temporary departures (travel) of citizens of the Russian Federation, foreign citizens and stateless persons (hereinafter referred to as persons) from their permanent place of residence in health-improving, recreational, cognitive, physical culture and sports, professional business, religious and other purposes without engaging in activities related to receiving income from sources in the country (place) of temporary stay; - tour operator and travel agency activities, as well as other travel arrangements; domestic tourism - tourism within the territory of the Russian Federation of persons permanently residing in the Russian Federation; - tourism of persons permanently residing in the Russian Federation to another country; - tourism within the territory of the Russian Federation of persons not permanently residing in the Russian Federation; - outbound or inbound tourism; - tourism, fully or partially carried out at the expense of budgetary funds, funds of state extra-budgetary funds (including funds allocated within the framework of state social assistance), as well as employers' funds; - tourism organized by tourists on their own; - a person visiting the country (place) of temporary stay in medical and health-improving, recreational, cognitive, physical culture and sports, professional-business, religious and other purposes without engaging in activities related to receiving income from sources in the country (place) of temporary stay, on for a period from 24 hours to 6 months in a row or carrying out at least one overnight stay in the country (place) of temporary stay; - natural, historical, social and cultural objects, including objects of tourist display, as well as other objects that can satisfy the spiritual and other needs of tourists, help maintain their life, restore and develop their physical strength; - a set of hotels and other accommodation facilities, means of transport, sanatorium and resort treatment and recreation facilities, catering facilities, entertainment facilities and facilities, educational, business, medical and health, physical and sports and other facilities, organizations that provide tour operator and travel agency activities, operators of tourist information systems, as well as organizations providing the services of tour guides (guides), guides-translators and instructors-guides; - a set of transportation and accommodation services provided for the total price (regardless of inclusion in the total price of the cost of excursion services and (or) other services) under an agreement on the sale of a tourist product; tour operator activity - activity on the formation, promotion and sale of a tourist product, carried out by a legal entity (hereinafter referred to as a tour operator); - activities to promote and sell a tourist product, carried out by a legal entity or an individual entrepreneur (hereinafter referred to as a travel agent); customer of a tourist product - a tourist or other person ordering a tourist product on behalf of a tourist, including a legal representative of a minor tourist; formation of a tourist product - the activity of a tour operator on the conclusion and execution of contracts with third parties providing certain services included in the tourist product (hotels, carriers, tour guides (guides) and others); - a set of measures aimed at selling a tourist product (advertising, participation in specialized exhibitions, fairs, organizing tourist information centers, publishing catalogs, booklets, etc.); selling a tourist product - activities of a tour operator or travel agent to conclude an agreement on the sale of a tourist product with a tourist or by another customer of the tourist product, as well as the activities of the tour operator and (or) third parties to provide services to the tourist in accordance with this agreement; - a person visiting a country (place) of temporary stay for cognitive purposes for a period of less than 24 hours without spending the night in the country (place) of temporary stay and using the services of a guide (guide), guide-translator; tour guide (guide) - a professionally trained person carrying out activities to familiarize excursionists (tourists) with the objects of display in the country (place) of temporary stay; guide-translator - a professionally trained person, fluent in a foreign language, knowledge of which is necessary for translation and implementation of activities to familiarize excursionists (tourists) with display objects in the country ( place) of temporary stay; instructor-guide - a professionally trained person accompanying tourists and ensuring their safety when passing tourist routes; - a document containing travel conditions, confirming the fact of payment for a tourist product and being a strict accountability form.
Tourism at the beginning of the XXI century. became one of the leading areas of socio-economic activity of most states, and the tourism industry is an integral element of consumer models and social behavior of a significant part of the population. According to the World Tourism Organization (UNWTO), tourism in 2005 accounted for about 12.8% of the world's gross product and 10.4% of world investment. UNWTO experts predict further sustainable development of the industry, so that in 2020, out of every 100 inhabitants of our planet, 21 will be tourists. In the middle of the last century, out of every 100 people, only one traveled.
Europeans remain the most active travelers - 55%. In second place are residents of the Asia-Pacific region with a large margin - 20%. Americans among travelers - 16%. It was also noted that the Russian Federation, despite its high tourist potential, occupies an insignificant place in the world tourist market * (1). The most important prerequisite for the accelerated development of tourism in Russia, increasing its socio-economic efficiency and significance for citizens, society and the state is the formation of the legislation of the Russian Federation, taking into account modern world experience, as well as the traditions of domestic law.
In 1996, the Federal Law "On the Fundamentals of Tourist Activities in the Russian Federation" (hereinafter referred to as the Law on Tourism) was adopted, which played an important role in the development of tourism in Russia. The law legalized economic relations in the field of tourism, established the rules of conduct for participants in the tourism market, the principles of state policy. Over the past 10-11 years, this Law has been repeatedly amended and amended in order to further develop tourism, taking into account the principles of the World Trade Organization, regulatory legal documents of the CIS and the European Union.
Of particular importance are the latest changes introduced by the Federal Law of February 5, 2007 N 12-FZ, in particular the chapter "Financial Support", which comes into force on June 1, 2007. But despite the fact that the issue of introducing financial guarantees has been discussed for a long time and the need for their development and implementation is dictated by the requirements of international legislation, when the amendments to the Law on Tourism were adopted, it was not possible to avoid contradictions, ambiguities and unresolved certain aspects. The practice of applying the new norms of the Law on Tourism will still demonstrate all the imperfections of the legislation. Unfortunately, this is the reality in Russia. Laws are adopted for the people in order to protect their rights and legitimate interests, and they work "against" the people - as a result of the amendments, many fear an increase in prices for tourist vouchers and a redistribution of the tourist market in Russia.
Despite the great potential of Russia as a major tourist center, the legal framework for this area is still insufficient. This can be explained both by the weak regulation of these relations by the Law, and by the lack of harmonization of national legislation with international standards. The theoretical lack of resolution of this issue affects the quality and efficiency of legal work.
Problems of the development of legal regulation of tourist relations in the Russian Federation, the unification of the norms of Russian tourist legislation in accordance with international standards have been and remain a topical issue requiring further study and research.
Chapter I. General Provisions
Article 1. Basic concepts In any activity, the most relevant is the question of definitions that allow to adequately interpret the subject, object, terms of the transaction, principles and provisions of regulatory enactments. Differences in the interpretation of the terms used can have the most unfavorable consequences in the practical actions of the subjects of tourist activity.
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