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| LAW OF UKRAINE |
(Information of the Verkhovna Rada of Ukraine (VR), 1995, No. 31, pp. 24)
{Be in Action by VR
No. 325 /95-VR of 15.09.95 , VB, 1995, No. 31, pp. 242}
{With changes under the Act
No. 2470-III of 29.05.2001 , 2001, No. 32, pp. 172}
{In the edition of the Law
No. 1282-IV of 18.11.2003 , OB, 2004, No. 13, pp. 180}
{With changes under the Laws
No. 1276-VI of 16.04.2009 , VB, 2009, No. 38, pp. 535
No. 2468-VI of 08.07.2010 , VR, 2010, No. 49, pp. 567
No. 2608-VI of 19.10.2010 , BBR, 2011, No. 11, pp. 69
No. 3679-VI of 08.07.2011 , BBR, 2012, No. 14, pp. 89
No. 4385-VI of 09.02.2012 , BBR, 2012, No. 40, pp. 477
No. 5316-VI of 02.10.2012 , VR, 2013, No. 38, pp. 502
No. 639-VII of 10.10.2013 , BBR, 2014, No. 22, pp. 770
No. 1193-VII of 09.04.2014 , BBR, 2014, No. 23, pp. 873
No. 124-VIII of 15.01.2015 , BBR, 2015, No. 14, pp. 96
No. 2581-VIII of 02.10.2018 , VR, 2018, No. 46, pp. 371
No. 124-IX of 20.09.2019 , BBB, 2019, No. 46, pp. 295
No. 768-IX of 14.07.2020 }
{In the text of the Act, the words "central agency of the executive branch in tourism" are replaced by the words "the central executive body, which ensures the formation of public policy in tourism and resort" in the relevant case according to By law No. 1193-VII of 09.04.2014 }
This Act defines general legal, organizational and socio-economic implementation of the State policy implementation of Ukraine in tourism and aimed at providing fixed-up. Constitution of Ukraine rights of citizens on holiday, freedom of movement, health care, safe for life and the health of the environment, to meet the spiritual needs and other rights in the pursuit of tourist travel. It establishes the basis of the rational use of tourist resources and regulates the relations associated with the organization and implementation of tourism in Ukraine.
In this Act, the following terms are used in this way:
tourism-temporary departure from home to health, cognitive, professional or other purposes without the exercise of paid activities in a place where the person has left;
{Paragraph 2 of the second article 1 in accordance with the Act No. 1276-VI of 16.04.2009 }
A tourist is a person who carries out a journey through Ukraine or to another country with a non-prohibition of the law of the country for a term of 24 hours to one year without exercising any paid activities and with an obligation to leave the country or place The term in the specified term;
A tourist product is a pre-developed tourist services complex that combines at least two such services implemented or offered to implement at a specified price, which includes transportation services, placement services and services. Other travel services, non-shipping and accommodation services (services to the organization of visits to culture, recreation and entertainment, the implementation of souvenir products, etc.);
The appropriate travel and goods services are designed to meet the needs of consumers, and the production and production of which are not substantially reduced without their implementation to tourists;
Typical tourist services and goods-services and goods designed to meet the needs of consumers, and to produce and manufacture substantially without their implementation to tourists;
promoting a tourist product-a set of measures aimed at creating and preparing for the implementation of tourist product or tourist services (organization of advertising-familial travel, participation in specialist exhibitions, fairs, publications) Catalogs, Booklets, etc.);
the place of sale (implementation) of tourist services-a country in which the relevant household entity is registered, which implements a tourist product;
The provision of tourist services is a country on the territory of which tourism services are provided;
The hotel is an enterprise of any legal form and form of property consisting of six and more rooms and provides hotel services with temporary accommodation with mandatory service. Order to set categories for hotels is defined by the Cabinet of Ministers of Ukraine. The hotel is set to a five-year category;
{Article 1 is supplemented by the paragraph by the tenth under the Law No. 2468-VI of 08.07.2010 ; with changes made under the Act No. 768-IX of 14.07.2020 }
The hotel service is the action (operations) of the enterprise to house the consumer by providing room for temporary accommodation in the hotel, as well as another activity associated with accommodation and temporary accommodation. Hotel service consists of basic and additional services provided to the consumer according to the hotel category;
{Article 1 is supplemented by paragraph 11 according to the Law No. 2468-VI of 08.07.2010 }
Similar means of placement-enterprises of any organization-legal form of property consisting of numbers and provide limited hotel services, including daily filling stations, dining rooms and bathrooms.
{Article 1 is supplemented by the paragraph of the twelfth under the Law No. 2468-VI of 08.07.2010 }
Article 2. The legislation of Ukraine on tourism
Ukraine ' s legislation on tourism consists of Constitution of Ukraine , this Act, other normative acts issued according to them.
The main relationship in tourism, based on equality, autonomy of will and the main independence of their participants, is governed by Civilian and Master The laws of Ukraine are subject to the features established by this Act.
If the international treaty of Ukraine, consent to the binding provided by the Verkhovna Rada of Ukraine stipulated other rules than those established by this Act, applied the rules of the international treaty.
Article 3. Tourist Resources of Ukraine
Tourist resources of Ukraine are proposed or proposed, tourist offerings based on and using objects of public, communal or private property.
The direction of the development and development of tourist resources of Ukraine is determined by the state authorities, local governments according to tourism development programs.
Classification and assessment of tourist resources of Ukraine, the regime of their safeguarding, the order of use with the account of the boundary-free loads on objects of cultural heritage and the environment, the order to preserve the integrity of the tourist resources of Ukraine, measures for their The recovery is determined under the law.
Unique tourist resources can be on a special security mode that limits access to them. The restriction of access to tourist resources is determined by their real bandwidth, the level of acceptable anthropogenic load, seasonal and other conditions.
During urban planning, the design, placement, construction and reconstruction facilities of the recreational areas relevant to the relevant authorities, the owners of the urban planning facilities must anticipate maximum capacity. integration of constructed objects to the local socioeconomic, natural and historical and cultural environment.
Article 4. Organizational forms and types of tourism
Public forms of tourism are international and domestic tourism.
International tourism is owned by: entrance tourism-travel within Ukraine of persons who do not permanently reside in its territory, and exit tourism is the travel of citizens of Ukraine and persons who are permanently residing in Ukraine, to another country.
Domestic tourism is a journey within the territory of Ukraine of citizens of Ukraine and persons who are permanently residing in its territory.
Depending on the categories of individuals who undertake tourist travel (trips, visits), their goals, facilities used or visiting, or other signs there are such types of tourism:
For persons with disabilities;
{Paragraph 6 of the fourth paragraph 4 of the changes made under the Act No. 2581-VIII of 02.10.2018 }
Specific types of tourism are established by law.
Article 5. Participants in relationships arising from tourist activities
Participants in the relationship arising from tourist activities are legal and physical persons who create a tourist product provide tourist services (transportation, temporary accommodation, food, sightseeing, spa, sports, etc.). entertainment and other service) or by conducting mediation activities in providing typical and related services, as well as citizens of Ukraine, foreigners and persons without citizenship (tourists, excursions, visitors and others), in the interest of which Tourist activity.
{Part 1 Article 5 of the changes made under the Act No. 1276-VI of 16.04.2009 }
Subjects carrying out and/or provide tourist activities (further-subjects of tourist activities) are:
travel operators (further tour operators) are legal persons established under the legislation of Ukraine, for which the exclusive activities are the organization and ensure the creation of a tourist product, implementation and delivery of tourist services, and Mediation activities for the provision of distinctive and related services and which in the installed order were licensed to tour operations;
Travel agents (here-turagenti) are legal persons established according to the legislation of Ukraine, as well as individuals-subjects of entrepreneurial activities that carry out mediation activities on the implementation of the tourist product of tour operators and Tourism services for other activities, as well as through the mediation activities for the implementation of nature and related services;
{Paragraph third of second article 5 with changes made under the Act No. 2608-VI of 19.10.2010 }
other entities of business activities providing services on temporary accommodation (residence), nutrition, sightseeing, entertainment and other tourist services;
The guide guides, excursions, sports instructors, guides and other tourist escort specialists are the physical persons who conduct activities related to tourist escort other than individuals who work on appropriate positions of enterprises, institutions, Organizations that belong to who serve the objects of attendance;
{Paragraph 5 of the second article 5 of the changes under the Act No. 1193-VII of 09.04.2014 }
physical persons who are not subjects of business activities and provide services on temporary accommodation (residence), nutrition, etc.
The list of posts by tourist escort and qualification requirements are determined by the central executive body, which ensures the formation of public policy in tourism and resorts, by agreement with the central executive body. the power that provides the formation of public policy in the sphere of labour relations.
{Part of Third Article 5 in the Drafting of the Law No. 1193-VII of 09.04.2014 }
Chapter II
PUBLIC POLICY AND STATE REGULATION IN TOURISM
Article 6. The main ways and goals of public regulation in the field of tourism. The main priorities of public policy in tourism
The state declares tourism one of the priority areas of the development of economy and culture and creates conditions for tourist activities.
The implementation of public policy in tourism is carried out by:
The determination and implementation of the main areas of public policy in tourism, priority areas of tourism development;
Determination of the order of classification and assessment of tourist resources of Ukraine, their use and protection;
Directing budget funds for the development and implementation of tourism development programmes;
-Determination of tourism foundations;
Regulatory regulation of the tourism sector (tourist, hotel, excursion and other types of service of citizens);
The licensing in the field of tourism, identification of the qualifications requirements for the office of tourist officers;
{The paragraph of the seventh part of the second article 6 with the changes in accordance with the Laws No. 1193-VII of 09.04.2014 , No. 124-VIII of 15.01.2015 , No. 124-IX of 20.09.2019 }
Establishment of a system of statistical accounting and reporting in tourism and recreation complex;
To organize and implement government controls on tourism legislation;
Prioritization of the priority and coordination of scientific research and training of tourism personnel;
To participate in the development and implementation of international tourism development programmes.
State regulation in tourism is carried out in other ways by law.
The main goals of the state regulation in tourism are:
Secure Constitution of Ukraine the rights of citizens to rest, freedom of movement, restore and strengthen health, on a safe for life and the health of the environment, the enjoyment of spiritual needs and other rights;
Safety of tourism, protection of the rights and legitimate interests of tourists, other subjects of tourist activities and their associations, rights and legal interests of owners or users of land, buildings and structures;
preserving the integrity of the tourist resources of Ukraine, their rational use, the protection of cultural heritage and the environment, taking into account public and public interests while planning and building territories;
creating favorable conditions for the development of the tourism industry, supporting the priority areas of tourist activities.
The main priorities of public policy in tourism are:
To improve the legal establishment of tourism in tourism;
Ensuring the establishment of tourism as a highly profitable economy of Ukraine, encouraging national and foreign investment in the development of the tourism industry, creating new jobs;
development of entry and domestic tourism, rural, ecological (green) tourism;
The expansion of international cooperation, the approval of Ukraine in the global tourism market;
Creating favourable conditions for the development of tourism conditions by simplifying and harmonizing the tax, currency, customs, border and other types of regulation;
Provision of tourism availability and excursion visits to children, young people, elderly persons, persons with disabilities, and low-income citizens by introducing preferential benefits to these categories of persons.
{The paragraph of the seventh part of Article 6 of the changes made under the Act No. 2581- VIII from 02.10.2018 }
Article 7. Tourism authorities
The regulation in tourism is carried out by the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the central body of the executive branch, providing the formation of public policy in tourism and resorts, the Supreme Council of the Autonomous Republic of Crimea and the The Council of Ministers of the Autonomous Republic of Crimea, local government administrations, local governments, and other bodies within their competence.
Article 8. Powers of the Supreme Council of Ukraine, the Supreme Council of the Autonomous Republic of Crimea and the local government in tourism
1. Until the exclusive powers of the Verkhovna Rada of Ukraine in the field of tourism include:
To determine the basic areas of public policy in the field of tourism;
The definition of legal institutions to regulate the relationships in the field of tourism, their perfection and adaptation with the universally accepted norms of international law;
Definition in the Law on the State Budget of Ukraine for the volume of financial support for the tourism industry.
Verkhovna Rada of Ukraine in accordance with Constitution of Ukraine can take up to their consideration and other issues relating to tourism.
The Supreme Council of the Autonomous Republic of Crimea, regional and district councils according to their authority:
Approve regional tourism development programmes, funded from the budget of the Autonomous Republic of Crimea, regional and district budgets;
Define funds for the budget of the Autonomous Republic of Crimea, regional and district budgets for the financial provision of regional tourism development programmes;
Oversee the financing of regional tourism development programs for the funds of the Autonomous Republic of Crimea, regional and district budgets.
2. Supreme Council of the Autonomous Republic of Crimea, according to The Constitution The laws of Ukraine have a different regulatory regulation on tourism, historical and cultural reserves, museums, other cultural institutions, addressing the organization and development of the resort and recreation sphere and tourism.
3. The representative bodies of local government are rural, rural, and city councils according to their authority:
Approve local tourism development programs;
Identify local budgets for the financial support of local tourism development programmes;
Instruct their executive bodies to fund local tourism development programs at the expense of the local budget;
Taking steps to stimulate the host entities that carry out activities to provide tourist services.
Article 9. Powers of the Cabinet of Ministers of Ukraine in the field of tourism
Cabinet of Ministers of Ukraine in accordance with The Constitution and the laws of Ukraine:
Administers public administration and provides for the implementation of public policy in tourism;
Develop and approve tourism development programs in Ukraine and finance their performance according to budget legislation;
Adopts regulatory and legal acts governing relations in the field of tourist activities;
provides a rational use of tourist resources and a lifetime of measures to preserve them;
contribute to the development of the tourism industry and creating an effective tourism infrastructure;
Take measures to ensure the safety of tourists, protect their rights, interests and property;
Organises and provides the implementation of public investment policies in the field of tourist activities;
Prepares and provides for consideration by the Verkhovna Rada of Ukraine as a component of the draft law on the State budget of Ukraine for the appropriate year of proposals on the scope of budget funds for the financial support of projects and programmes for the development of tourism;
Inform the Verkhovna Rada of Ukraine on the implementation of the tourism development programme in Ukraine;
Defines the procedure for the organization of rescue teams and the order of the life of the rescue;
Creates a state system of scientific support in the field of tourist activities;
Provides international tourism cooperation;
solves other questions, withheld Constitution and the laws of Ukraine prior to its authority.
Article 10. The powers of the central executive authorities, which provide the formation of public policy in tourism and resort
1. The Central Executive Body, which provides for the formation of public policy in tourism and resorts:
Organize and provides the implementation of public policies in the field of tourism, implementation of this Act and other regulations;
is involved in the preparation of regulatory action projects in the field of tourism, within its competence, to develop and approve regulatory and legal acts, summarizes the practice of applying legislation in tourism, resort and recreation sphere, to contribute to Suggestions for improvement;
Provides the implementation of tourism development programmes in Ukraine;
Organises the accounting of tourist resources of Ukraine, provides for their rational use and security;
{The sixth part of the first article 10 is excluded based on the Law of the No. 124-VIII of 15.01.2015 }
Organizes the implementation of the quality control of tourist services.
Implements the State Investment Policy in Tourism and Resort and Recreation;
Participated in the development of the programme of transport highways by the facilities of the tourist infrastructure;
Involved in the preparation, retraining and increased qualification of personnel, determining the priorities of the research activities in the field of tourism and conducting research work in the field;
Conduct research on the tourist market, prepares and disseminate information about Ukraine and its tourism opportunities in the international tourist market and inside the state;
Within the scope of its competence, he develops and performs international treaties in the field of tourist activities, represents the country in international tourism organizations and international tourism events;
Taking measures to expand international cooperation, Ukraine's approval of the global tourism market;
contributes to the coordination of the activities of the executive authorities, the entities of business activities, their associations pursuing activities in the field of tourism;
Provides the subjects of tourist activities to methodical, advisory and other assistance;
Offers for shared use of legal entities and citizen entrepreneurs who provide tourist services, signs for goods and services;
Disseminates social advertising in tourism;
to ensure the implementation of their own powers, the reconciliation and consideration of the interests of tourist activities to form a coordinating and advisory body.
2. Other central executive bodies within their own powers:
Provide the implementation of public policy in tourism;
Make suggestions for the implementation of public policy in tourism;
take part in the creation of the organisational and legal and economic mechanisms of implementation of public policy in the field of tourism.
Article 11. The powers of the Council of Ministers of the Autonomous Republic of Crimea, local government administrations, the executive bodies of local government in the field of tourism
1. The Council of Ministers of the Autonomous Republic of Crimea, local government administrations within their powers:
Carry out executive and organizational activities on the organization and development of the resort and recreation sphere and tourism;
Develop projects for regional tourism development programs and provide them for approval by the Supreme Council of the Autonomous Republic of Crimea, regional and district councils;
Take steps to undertake regional tourism development programmes;
promote tourist activities in their region and create a modern tourist infrastructure;
Develop and implement measures to protect local tourist resources;
{The paragraph of the seventh part of the first article 11 is excluded based on the Law of the No. 1193-VII of 09.04.2014 }
analyse the market for tourist services within the administrative and territorial units, represent the central body of executive power, which ensures the formation of public policy in tourism and resorts, the necessary information on tourism development in Administrative and territorial units;
Undertake the social advertising of tourist resources, form relevant information centers;
promote child and youth tourism;
participate in the preparation, retraining and increased qualification of tourist activities in the field of tourist activities funded by the local budget;
Provide the subject of tourist activities and advisory assistance to the organization of their activities;
Attract businesses, institutions and organizations based on their territory, addressing the challenges of tourism development in the regions;
Serve as executive branch of the executive branch, providing the formation of public policy in tourism and resorts, proposals for the inclusion of measures on regional tourism development programmes to the relevant programmes;
contribute to the central authority of the executive branch, which ensures the formation of public policy in tourism and resorts, proposals for the annulment of the relevant license;
carry out another activity in the tourism industry according to the legislation.
2. The Executive Authorities of Local Government within their authority:
Develop projects for local tourism development programs and provide them to be approved by the local councils;
Take steps to implement local tourism development programs;
Engage in the contractual establishments of the enterprise, institutions and organizations located in the appropriate area, until the challenges of local tourism development and the support of tourist resources;
Organize the inventory of tourist resources of local importance;
Contribute to the protection and preservation of tourist resources;
Attract local people to tourist activities, creating new jobs;
contribute to the development in the respective area of different types of tourism.
Article 12. Tourism development programmes in Ukraine
To ensure the protection of tourist resources of Ukraine, their conservation and recovery, rational use, ensure the safety of tourism, constitutional rights of citizens to rest and other rights of citizens, patriotic education of state authorities The authorities and organs of local government within their powers are approved by state target, regional and other tourism development programmes.
Tourism development programs are approved to implement the country ' s long-term priorities in tourism and constitute a complex of interrelated legal, economic and organizational activities aimed at implementing constitutional rights of citizens, the development of the tourist industry.
Public target, regional and other tourism development programs must offer safety measures in tourism.
The order of formation, funding and implementation of regional and local tourism development programs is determined by law.
Article 13. Security in tourism
The tourism sector security is a set of factors that characterize the social, economic, legal and other state of ensuring the rights and legal interests of citizens, legal entities, and states in the field of tourism.
Government authorities and local governments, their officials within their authority, take measures to:
Secure Constitution of Ukraine The rights of citizens for the safety and health of the environment in the pursuit of tourist travel, the protection of the citizens of Ukraine outside;
Ensuring the personal safety of tourists, the preservation of their property, to harm the environment;
Awareness of tourist activities on the threat of tourist safety in the country (place) of temporary stay;
Providing necessary assistance to tourists who have found themselves in an emergency;
To provide tourist, legal and other types of emergency assistance, access to the means of communication;
Prohibition of the use of tourism with the purpose of illegal migration, sexual, labour and other types of exploitation of citizens;
Protection of tourist resources of Ukraine, installation of limits on the sites of cultural heritage and the environment;
to ensure the safety of tourist visits facilities with regard to the risk of natural and technological disasters and other emergencies, etc.
In order to ensure the safety of tourists to tourist activities by carrying out the appropriate type of activity, the following are required:
Informing tourists about possible hazards during travel, the need to perform general duty requirements and prevention or warning measures (medical jaws, etc.);
to create safe conditions in the locations of the provision of tourist services, provide adequate handling of trays, walking, excursions, etc.
to provide special security requirements during the provision of tourist services with increased risk (automotive, mountain, ski, bicycle, water, motorcycle, pedestrian tourism, spoleonurist, etc.);
Provide tourists with qualified tourist escort specialists, special equipment and inventory;
Provide medical training for the means of prevention and protection against injuries, prevention of accidents and the provision of first medical care;
Provide operational assistance to individuals who have suffered during the journey, transport of victims;
To inform the authorities of the local authorities and responsible persons about the emergency situations in which tourists are found, to submit information on missing persons.
Persons who organize the exploitation of tourist resources are required to enforce environmental and cultural heritage requirements and take measures to minimize or end harmful environmental impacts. and the socio-cultural environment and compensate them for this loss.
Providing necessary assistance to tourists who have found themselves in an emergency within the territory of Ukraine is carried out by specialized state, communal and private services, as well as rescue teams formed according to the report. Legislation.
Organization of rescue teams and Procedure for the implementation of rescue are defined by the Cabinet of Ministers of Ukraine.
The state provides protection for the legitimate rights and interests of foreign tourists in accordance with the legislation and international treaties of Ukraine.
Article 14. Protection of interests of Ukrainian tourists outside Ukraine
The state guarantees the protection of legitimate rights and interests of citizens of Ukraine, who undertake tourist travel abroad.
In the event of emergency situations, the state takes measures to protect the interests of Ukrainian tourists outside Ukraine, including measures to evacuate the country of temporary stay.
Article 15. The financial support of the responsibility of the tour operator and the party
In order to ensure the rights and legal interests of the citizens-the consumers of the tour operator and the Turagent are obliged to finance their civil liability (the guarantee of a bank or other credit institution) before the tourists.
Tour operator to cover its responsibility for damages that may be inflicted by the tourist in case of the circumstances of its non-payment or due to a breach of the process of recognition of its bankrupt, which are related to the need to cover costs tourist from his return to residence (stay), reimbursement of the cost of uninformed services provided by the treaty should provide confirmation of the financial assurance of its responsibility (bank guarantee or other credit institution) before A tourist in the prescribed order.
{Part of the second article 15 of the changes made under the Act No. 1276-VI of 16.04.2009 }
Turagent to cover his responsibility for damages that may be inflicted by the tourist in the event of the circumstances of his insolvency or due to a breach of the process of recognition of his bankrupt and which are related to the need for reparations The cost of undata services provided by the contract must provide confirmation of the financial support of its responsibility (bank guarantee or other credit institution) before the tourist, in the prescribed order.
The minimum financial cost of a tour operator must be equivalent to at least 20,000 euros. The size of a tour operator, which provides services exclusively from domestic and free tourism, has a sum of at least 10,000 euros. The minimum size of a turgent financial supply must be equivalent to at least 2000 Euros.
Any amounts guaranteed to be guaranteed by the civil liability of the tour operator are used solely to meet the requirements of the following and in the presence of circumstances listed in this article.
Damage to the damage caused by the tourist in case of the circumstances of the tour operator's insolvency, or by a violation of the process of recognition of his bankruptcy, is carried out by a credit institution based on the application of the tourist, the treaty The tourist service (voucher) and documents supporting the non-execution of the tour operator (turagent) are contractual obligations.
Article 16. Tourist insurance for tourist trips
The insurance of tourists (medical and casualty) is mandatory and is provided by the subjects of tourist activities based on insurance agreements. Tourists are right to talk about this insurance on their own. In this case, they are bound to confirm the tour operator or the turganite for a properly signed insurance contract.
The insurance contract should be foreseen to provide medical assistance to tourists and to reimburse them for the costs of the insurance case directly in the country (place) of temporary stay.
Information on the terms of compulsory insurance must be brought to the known tourist prior to the signing of the tourist service.
Compulsory (medical and casualty) insurance is carried out once every period of the tourist journey.
Due to the requirements of the tour operator, the tour operator or the turagant provide the insurance of other risks associated with the implementation of the journey.
Under the request, a tourist with it may be contracted to cover costs related to the annulment of a contract for tourist service from a tourist initiative, or a insurance agreement to cover costs associated with premature death. return to the place of residence at the end of the accident or disease.
{Part of the sixth article 16 of the changes made under the Act No. 1276-VI of 16.04.2009 }
Compensation for the damage caused by the life or health of a tourist or his jersey is carried out in the prescribed order.
Article 17. Licensing activities
In order to create equal opportunities to the subjects of tourist activities in the tourist services market and ensuring the protection of rights and legitimate interests of citizens, protection of the environment, increase the level of tourist service License for tour operator activity.
{Part of the first article 17 of the changes made under the Act No. 2608-VI of 19.10.2010 }
A subject of entrepreneurial activity, which obtained a license to tour operations, has the exclusive right to provide services with the design of documents for the exit of Ukraine. A tour operator can also do tour activity.
{Part of the second article 17 of the changes made under the Act No. 2608-VI of 19.10.2010 }
The total size of the tour operator in the statutory funds of other tour operators of Ukraine cannot exceed 20 percent of their statutory funds.
The master's entity does not have the right to use the word "tour operator" without obtaining a license for tour operator activity.
{Part of Article 17 in the Drafting of the Law No. 2608-VI of 19.10.2010 }
There is no way to be issued a license to tour activity by the subject of business activity with the name, the identity name of another business entity, which the license has been issued before and information about it to the relevant registry.
{Part of article 17 of the changes made under the Act No. 2608-VI of 19.10.2010 }
{Article 18 is excluded based on the Law of the No. 124-IX of 20.09.2019 }
Article 19. Setting categories of tourist infrastructure facilities
To enhance the level of tourist service, promote consumers in the conscious selection of tourist services, ensuring equal opportunities for tourist activities in the tourist services market, ensuring the protection of rights and legitimate interests, life, health and property of the citizens, improving the level of environmental security of the facilities of tourist infrastructure are assigned to quality categories and service levels.
Installation of tourist infrastructure facilities (hotels, other facilities designed to provide accommodation services, food facilities, spa facilities, etc.) of the applicable category is provided by its owner's statement.
Categories of tourist infrastructure facilities, the order of their installation and change, and the order of proof to consumers of information about the facility of the tourist infrastructure and the kind of category of its are defined by the Cabinet of Ministers of Ukraine.
{Part of the third article 19 in the edition of the Law No. 3679-VI of 08.07.2011 }
Setting the category of tourist infrastructure facilities (hotels, other facilities designed to provide accommodation, food facilities, resort facilities, etc.) are carried out by the central executive body providing implementation. Public policy on tourism and resorts, and tourist infrastructure facilities located on the territory of the Autonomous Republic of Crimea, is the executive branch of the Autonomous Republic of Crimea.
{Article 19 is supplemented by a fourth article under the Law No. 639-VII of 10.10.2013 }
It is forbidden to provide accommodation services without evidence of a suitable category.
{Article 19 is supplemented by a fifth under the Law No. 639-VII of 10.10.2013 }
Article 19-1. Informing consumers about the conditions of providing travel services
Any information provided by the tour operator (turagant) must contain reliable information about the terms of the contract for tourist service.
Information on the provision of tourist services, which the tour operator (turagenet) spreads to the contract of the tourist service, has to be made available in accessible, naotic form, to be blurred, understandable, and contain information about:
1) the location of the provision of tourist services, the tourist service program;
(2) Characteristics of the transport vehicles, particularly their species and category;
3) characteristic of hotels and other facilities designed to provide services with temporary accommodation, including the location of their location, category, line and order of payment of hotel services;
{Item 3 of the second article 19-1 with changes made under the Act No. 124-VIII of 15.01.2015 }
4) species and ways of providing food during the tourist journey;
5) the minimum number of tourists in the group, as well as the informing of the tourist about the fact that a tourist journey will not take place due to the failure of the group, not later than three days before the start of the tourist journey;
6) the price of travel services.
The tour operator is required to report the conditions of the tourist services complex, which was informed by the consumer to the contract for tourist service, except when the change of such conditions was reported to the consumer. (a) of the Convention on the Convention.
Prior to the signing of the contract for tourist service, the tourist product provides information about:
1) the basic requirements for the design of the entry/exit documents (passport, permit (visa) to enter the country of temporary stay), including the lines of their design;
(2) Medical reservations regarding the implementation of tourist travel, including countering through certain diseases, features of physical condition (physical flaws) and age of tourists, and the conditions of safety of tourists in the country (place) of temporary stay;
(3) tour operator (turganta), its location, post-refit, contact telephone, license for travel activities and other information under the protection of consumer rights legislation;
{Item 3 of the fourth article 19-1 with changes made under the Act No. 124-VIII of 15.01.2015 }
4) the leader of the group and the means of communication with him in the event of taking a tourist journey abroad or stay abroad for a minor and/or a small person to establish legal representatives of a minor or non-elderly person of direct Communications with her;
5) the time and place of intermediate stops and transport links and the category of place that the consumer will take in a certain way of the vehicle;
(6) activities and themes of excursion service, the order of making meetings and wires, accompanied by tourists;
7) the state of the natural environment, sanitary and epidemiological wellbeing;
8) the name, address and contact phone of the tour operator or organization (organizations) authorized by the tour operator on the adoption of complaints and claims by tourists, and the address and telephones of diplomatic institutions of Ukraine in the country (place) Or local services, which can be addressed in case of difficulties during tourist travel;
9) order to provide the tour operator mandatory and/or voluntary insurance of tourists, size, order and conditions of payment of insurance reimbursement, as well as the opportunity and conditions of voluntary expenses related to the dissolution of the treaty; Tourist service for the initiative of the tourist, property insurance;
10) the size of the tour operator ' s financial support (turganta) in the case of its insolvency (bankruptcy) and a credit institution that provided such provision
{The law is supplemented by article 19-1 according to the Act No. 4385-VI of 09.02.2012 }
Article 20. Agreement for Travel Service
By the contract for tourist service, one party (the tour operator, which makes the treaty directly or through the tour agent) pledged to provide for the order of another party (tourist) complex of tourist services (tourist product), and tourists. It must be paid to pay.
Prior to the contract for tourist service, the general provisions of the provision of services should be used unless otherwise provided by the law.
The contract for tourist service is concluded in writing or electronic form according to the law.
In the contract for tourist service, the essential conditions of the treaty are indicated:
1) periods of stay in place of the provision of tourist services with the date of beginning and end of tourist service;
(2) Characteristics of the transport vehicles, including their species and category, as well as date, time and place of departure and return (if transport is included in the tourist product);
3) hotels and other similar means of placement, their location, category, as well as lines and order of payment of hotel service;
{Item 3 of the fourth article 20 of the changes in accordance with the Act No. 124-VIII of 15.01.2015 }
(4) Species and ways of providing nutrition;
5) the minimum number of tourists in the group (in case of need) and due to this three-day line of informing tourist information that a tourist journey will not occur due to group failure;
7) types of sightseeing and other services included in the cost of the tourist product;
8) other subjects of tourist activity (their location and requisition) that provide tourist services included in the tourist product;
(9) The insurance exercise compulsory and/or voluntary insurance of tourists for the wishes of a tourist, other risks associated with the provision of tourist services;
(10) The rules of entry into the country (s) of temporary stay and stay there;
11) the cost of tourist service and the order of payment;
Changing the price of a tourist product after the signing of the tourist service is only allowed to take account of the changes in the transport tariffs, the introduction of new or higher current rates of taxes and fees and Mandatory payments, change the course of the hryvnia to foreign currency, which is expressed by the cost of the tourist product.
Changing the price of a tourist product is possible not later than 20 days before the start of the tourist journey. With this increase, the price of a tourist product cannot exceed five percent of its original price. If the price of a tourist product is higher than the initial price of five per cent, the tourist has the right to withdraw from the contract, and the tour operator is required to return it a previously paid amount.
Each side of the contract for tourist service prior to the start of the tourist journey may require changes to this treaty or its dissolution due to the change in the substantive terms of the treaty and the circumstances they were driven by In the case of:
1) worsening of tourist travel conditions, changing its lines;
2) an unforeseen increase in the transport of transportation services;
(3) The introduction of new or increasing existing rates of tax and assembly, other mandatory payments;
4) a substantial change in the course of the hryvnia to the foreign currency in which the price of a tourist product is expressed;
(5) Arrangements for the parties.
The tour operator is not as late as one day from the day when it became aware of the change of circumstances that the parties had been governed by the signing of the tourist service, and not later, three days before the tourist destination. Travel to inform the tourist about such a change of circumstances with the aim of giving it the opportunity to abandon the contract without damage to the tour operator (turagent) or to make changes to the treaty, changing the price of tourist service.
A tour operator or a travel agent is right to refuse to comply with the contract only if the order is fully reimbursed by the order of order confirmed in order to be terminated and terminated by the end of the contract, in addition to the case of the tourist.
A tourist is right to refuse to comply with the contract for tourist service before the start of the tourist journey, subject to the failure of the tour operator (turagentu) of the actual documented cost-related costs.
If the tour operator is not able to provide much of the tourist product under which the parties to the tourist service have reached an agreement, the tour operator must continue The tourist service will take alternative activities without relying on additional tourist costs, and in the case of the need to reimburse it with the difference between the proposed services and those provided. In the event of failure to implement such measures or refusal to travel the tour operator is required to provide it without additional payment of equivalent transport for return to the departure location or other location to which the tourist has agreed. Compensate for the cost of non-data by the tour operator by the travel services and to pay compensation in the amount determined in the contract by the parties.
The tour operator is responsible for the tourist responsibility for non-execution or non-compliance with the terms of the tourist service treaty, except in cases where:
Non-performing or non-compliance with the terms of the contract for tourist service happened to the tourist's fault;
Non-performing or non-compliance with the terms of the contract for the tourist service happened out of the guilt of third persons, unrelated to the provision of services specified in this treaty, and none of the parties about their foundation knew and could not know beforehand;
Non-performing or non-compliance with the terms of the contract for tourist service occurred as a result of for-majeal circumstances or is the result of events that tour operator (turagent) and other tourist activities which provide travel services, included in the tourist product, could not predict.
The contract for tourist service may anticipate compensation in case of damage to the tourist inact or the unreliable implementation of tourist services included in the tourist product, according to the international conventions governing the country. Providing such services.
The rights and duties, the responsibility of the parties and other terms of the treaty between the tour operator and the Turagent are defined in accordance with the General provisions of the Agency Treaty, unless otherwise stipulated by a treaty that is imposed between them as well as the Law.
The quality of tourist services must meet the terms of the contract for tourist service, order and ways to protect the protected rights of tourists Law of Ukraine "Consumer Rights Protection".
The responsibility for the damage, the harners of life, health and the master of the tourist, is established by law if the contract for tourist service is not more than the responsibility of the tour operator.
{Article 20 of the changes under the Act No. 2608-VI of 19.10.2010 ; in the drafting of the Law No. 4385-VI of 09.02.2012 }
Article 21. A contract for excursion service
By contract, one party (which is a tourist entity) under the established contract is obligated to provide for the order of the other party (excursant) of service, a substantial part of which is services. An excursion (translation guide) with a total duration of no more than 24 hours, which do not include accommodation services.
The treaty for excursion service is subject to rules defined by civil law, including the issuer of the voucher.
The general provisions of the contract for the provision of services are applied to the contract for excursion, unless otherwise stipulated by law and contrary to the essence of the obligation.
A person who provides excursion services is required to make a contract for excursion to provide a guided tour of necessary and reliable information about the excursion, its species and features, qualification of excursion, of course. the order and lines of payment of sightseeing services, and provide a excursion at his request for other information on the excursion.
The responsibility of the parties for non-execution, non-compliance with obligations under the contract of excursion, the order of termination of the contract for excursion is determined according to civil law and legislation. to protect the rights of consumers.
Article 22. Contract for hotel service
Under the contract for hotel service, one side (hotel or other entity providing placement services) is obliged to order the other side (living) to provide temporary accommodation (overnight) in a specially equipped living room. Premises (number), perform or organize the execution of other defined contracts for hotel services related to temporary accommodation, and the resident obligation to pay for these services is set up.
Services related to temporary accommodation include accommodation services (rooms), meals (restaurant service), conservation of property and luggage of living, and other services provided depending on the hotel category.
Prior to the agreement on hotel service, the law, consumer rights law, and other legal acts passed according to them. This Act applies when providing hotel service in motels, recreation homes, sanatoriums, pansiones, as well as other places designed to accommodate citizens.
A hotel or other entity providing accommodation is required to make the contract provide necessary and credible information about hotel services, their activities and features, about the order and terms of the hotel ' s payment and providing services. At his request, the other related information is related to the contract and the relevant hotel service, as well as other information provided by the Consumer Protection Law.
The contract for hotel service is made either through a written contract and by taking the appointment of a reservation request by mail, telephone, or other communications, to be able to properly establish the person from which the person comes from. A bid. In the event of adoption of the application, a hotel service contract is considered to be delayed from the time of receipt of the request of the hotel's acceptance of the request and guidance of the possible start of hotel service from the specified time.
Responsibility for the damage done to the life, health or property of the living, shall be determined in accordance with the civil law, if the contract on the hotel service is not foreseen to be promoted to the hotel.
The rights and duties, the responsibility of the parties and other terms of the contract between the tour operator (turastor) and the hotel or other subject providing accommodation services are determined by the general provisions of the Agency Agreement unless otherwise provided by the treaty between them and this Act.
A voucher is a form of written agreement on a tourist or sightseeing service that can be used in accordance with this Act.
In the contract for tourist service, concluded by issuing a vaucher shall have the following data:
the naming and location of the subject of tourist activities, the license number for the relevant kind of activity, the legal address;
{Paragraph 2 of the second part of the second article 23 of the changes in accordance with the Act No. 1193-VII of 09.04.2014 }
Surname, name (by father) tourist (in the rough trip of the surname, the names (by parent) of the members of the group);
the lines of delivery and the kinds of tourist services, their total cost;
name, address and phone number of the placement object, its type and category, food mode;
the size of the financial management of the responsibility of the tour operator (turganta) or the boundary of responsibility of the subject of tourist activities under the contract of the agent;
other data, driven by the nature of the agreement, the composition of the group, etc.
the date of the issuer of the voucher.
{Part of third article 23 is excluded based on the Law of the No. 5316-VI of 02.10.2012 }
The order of the voucher and its use is approved by the central body of the executive branch, which ensures the formation of public policy in tourism and resorts.
Article 24. Rights and responsibilities of tourist activities
The subjects of tourist activities are entitled to:
To produce and implement tourist services according to the legislation;
Introduce proposals for the protection of tourist resources of Ukraine, their preservation and recovery, of the order of use;
Introduce proposals to improve educational programmes from vocational training in tourism, increase the level of professional training of workers and tourism professionals;
to establish the facilities of the tourist infrastructure (hotels, other facilities designed to provide accommodation services, food facilities, spa facilities, etc.) by which they are in the appropriate category;
To obtain the necessary information necessary to implement their activities, the government authorities and local governments;
Participate in the development of tourism and recreation facilities;
Identify and publish by publishing the general terms of the typical (public) contract for the provision of travel services;
Identify the minimum number of tourists (excursions) in the group;
to reparate damages, actions, or inactivity of state authorities, local government agencies, officials, officials, officials, and officials or activities of tourist activities.
The subjects of tourist activities are required to:
Activities in the field of tourism that is subject to licensing, only in the availability of licenses;
{Paragraph 3 of the third part of the second article 24 is excluded from the Law of the No. 124-VIII of 15.01.2015 }
Engage in the provision of tourist services, which meet the statutory requirements of the qualifications;
{The fourth part of the second article 24, under the amended Act, No. 1193-VII of 09.04.2014 }
provide tourists with necessary and reliable information about travel services, rights, duties and rules of conduct of tourists (excurants), insurance conditions, order of damages inflicted, failure of services, rules of visa customs; The regime, the crossing of the state border and other information provided by the Act;
Provide tourist services in volumes and terms due to the contract;
Comply with the requirements of the Law on the safety of tourists, the protection of tourist resources of Ukraine and the environment;
Conduct the accounting and other defined legislation, to provide in accordance with the order of accounting and statistical reporting;
to redo in the established order of damages, to tourists (excursions), other persons and the environment.
Article 25. Rights and duties of tourists and excursions
Tourists and excursions are entitled to:
Implementation of fixed-end Constitution of Ukraine the rights of citizens to rest, freedom of movement, recovery and strengthening health, for the safety and health of the environment, to meet the spiritual needs, protection and respect of human dignity;
necessary and reliable information about the rules of entry into the country (place) of temporary stay, and exit from the country (place) of temporary stay and stay there, about the customs of the local population, the monuments of nature, history, culture and other objects A tourist display under special protection, the state of the environment;
Information on the existence of a licence in the subject of business activities in the field of tourism, other documents whose presence is provided by the law;
{The fourth part of the fourth part of the first article 25, with changes made under the Act No. 1193-VII of 09.04.2014 , No. 124-VIII of 15.01.2015 }
To obtain the necessary information prior to the Treaty;
Obtaining travel services provided by the treaty;
personal safety, protection of life, health, consumer rights, as well as property;
Receiving appropriate medical care;
Reimbursement of material and moral damages in case of non-execution or non-compliance with the terms of the treaty;
Assistance from the authorities of the State authorities of Ukraine in the recipient of legal and other types of assistance, and citizens of Ukraine also outside;
The implementation of other rights.
Tourists and excursions are required to:
Do not violate the rights and legitimate interests of other persons, the requirements of the laws that apply to the territory of the country;
perform customs, border, sanitation and other rules;
Respect the political and social mood, traditions, customs, religious beliefs of the country (place) of the stay;
to preserve the environment, to treat nature and cultural heritage in the country (place) of temporary stay;
Comply with the conditions and regulations stipulated by the Contract for the provision of travel services;
provide personal information in the amount required for the implementation of the tourist product;
Follow the journey of the rules of personal safety;
Damage the damage caused by their wrongful actions.
Carry out other duties provided by the legislation of Ukraine and the legislation of the country of temporary stay.
Section V
PROFESSIONAL TRAINING OF SPECIALISTS AND SCIENTIFIC SUPPORT FOR TOURISM. ENTERPRISE UNION AND NON-PROFIT TOURISM ORGANIZATIONS
Article 26. Professional training for tourism professionals
Vocational training, retraining and promotion of tourism personnel in the field of tourism are carried out by public, municipal and private institutions in the order defined by the legislation.
Preparation of individual categories of tourist escort professionals (guides, excursions, sports instructors, conductors, etc.) that do not need to receive the citizens of professional and technical or higher education to obtain qualifications for certain An educational and qualification level can be carried out in a set of order by legal or physical entities.
The Central Executive Authority, which provides public policy formation in tourism and resorts, is involved in the preparation of training plans and training programs for tourism professionals, their vocational training, retraining and training. Qualifications.
{Part of the third article 26 with the changes made under the Act No. 1193-VII of 09.04.2014 }
Article 27. Scientific research on tourism development
Scientific research on tourism development is conducted with the aim of:
The scientific support of public policy on tourism, forecasting and determining the prospects of its development;
Establish a methodology for classification and assessment of tourist resources, the regime of their safeguarding, conservation and recovery, and order of use;
Accounting for the limit on the objects of cultural heritage and the environment;
development of proposals for projects of state targeted, regional and local tourism development programmes, and regarding the definition of licensing conditions and the list of posts of travel specialists, the qualification requirements for them, the improvement of professional training specialists in the field of tourist activities, etc.
The definition of priority areas, management and coordination of scientific research in tourism is in the competence of the scientific center of tourism development.
The position on the scientific development centre of tourism is approved by the central body of executive power, which ensures the formation of public policy in tourism and resorts.
Article 28. The unification of tourist activities and non-profit organizations in the field of tourism
Participants in relationships arising from tourist activities are legal individuals and citizens who provide tourist services, depending on the goal may form the union of businesses, which are legal entities or without the creation of legal entities, or to join the following associations in the order defined Economic Code of Ukraine and other laws.
In order to implement and protect their rights and legitimate interests in tourism, tourist activities can create non-profit organizations in the sphere of tourist activity in a manner defined. Civil Code of Ukraine or Law of Ukraine "About Citizens" or Other Laws.
Citizens of Ukraine, foreigners and persons without citizenship to implement and protect rights and legitimate interests can be combined into public travel organizations.
Non-profit organizations in tourism can guide their activities on:
Formation and dissemination of information on tourist resources of Ukraine;
Preparation of proposals for the development of tourism, resort and recreation sphere, tourist resources protection of Ukraine, their conservation and recovery, and order of use;
The popularization of tourism and the promotion of its development;
Development of the regulatory, hotel, excursion and other professional ethics regulations;
{Paragraph 5 of the fourth article 28 of the changes under the Act No. 124-IX of 20.09.2019 }
Implementation of their own systems to monitor the quality of tourist activities;
Offering for sharing the use of legal entities and citizen entrepreneurs providing tourist services, signs for goods and services;
Improving the educational programs for vocational training in tourism, increasing the level of professional training of workers and tourism professionals;
Implementation and protection of the common rights and interests of participants in tourist activities;
Addressing other tasks not to contradict the legislation of Ukraine.
Public travel agencies may be responsible for the law to represent the interests of the citizens-consumers of tourist services.
Chapter VI
MONITORING OF TOURISM ACTIVITIES. RESPONSIBILITY FOR VIOLATION OF UKRAINE ' S LEGISLATION ON TOURISM
Article 29. Authorities authorized to monitor tourism activities
State authorities, local government bodies, their officials and officials in cases and in the order defined by law, make control of the enforcement of the requirements of tourist activity legislation, conduct quality checks. (a) Travel services, licensing regulations, regulations, and regulations on the implementation of tourist activities and in accordance with the law, overtake the charges and take other measures to violate the tourism legislation.
{Article 29 of the changes made under the Act No. 124-IX of 20.09.2019 }
Article 30. Liability for violations of tourism legislation
Illegal tourism legislation entails a liability under the law.
The following are the violations of the following:
Failure of tour operations without a license or a lack of licensing conditions;
{Paragraph second of second article 30 in the edition of the Law No. 1193-VII of 09.04.2014 }
Engaging in the provision of tourist services to persons who do not conform to the established legislation relevant to the qualification requirements;
Paragraph 3 of the third part of the second article 30 of the changes under the Law No. 1193-VII of 09.04.2014 }
{Paragraph 4 of the fourth part of the second article 30 is excluded based on the Law of the No. 124-VIII of 15.01.2015 }
Non-submission, untimely provision or provision of tourist information that does not correspond to reality;
Violations of norms and regulations in the field of tourism;
{The sixth part of the second article 30 of the changes in accordance with the Act No. 124-IX of 20.09.2019 }
Illegal use of the category of tourist infrastructure;
violation of the terms of the treaty between the tourist and the subject of tourist activities for the provision of tourist services;
Non-fulfillment of the orders of authorized bodies and persons on the elimination of violations of licensing conditions;
Violations of regulations regarding the protection or use of tourist infrastructure facilities, destruction or damage to the objects of visits;
Establishment of an obstacle authorized by the law of the boarding or service person in the conduct of tourist activities, in carrying out verification of the quality of the provided (given) tourist services or by holding licensing conditions, norms and regulations concerning Conduct of tourist activities;
{Paragraph of the eleventh part of the second article 30 with the changes made under the Act No. 124-IX of 20.09.2019 }
Illegal interference in the exercise of tourist activities;
Disclosure of information made by confidential or other protected information.
The law may be responsible for other violations in the field of tourist activity.
Article 31. Responsibility of the authorities, local governments, their officials and civil servants in the field of tourist activities
Government authorities, local government bodies, their officials and civil servants in the field of tourist activities for violation of legislation are responsible for the law.
Decisions, actions or inactivity of state authorities, local government bodies, their officials and civil servants may be appealed to the court in the order established by the law.
It is a pity that the government authorities, local government agencies, their officials and officials of the physical or legal persons who are in charge of their duties, are subject to reparation in the order established by the law.
Article 32. Civil law and other responsibilities of tourist activities
Due to the non-compliance of its obligations, the tour operator, the Turagent, other tourist activities carry the property and the other responsibility defined in the treaty according to the current legislation.
The main responsibility of the tour operator, the turgantuan, or other subject of tourist activity, cannot exceed the actual orders of damages for their guilt.
The confessions of a major character between the actors of the tourist activity and the consumers of tourist services are resolved in an established order with the requirements of the Act.
For violations set by the regulations governing the exercise of economic activities to the subjects of the administration of state authorities and local governments according to their powers and in the order established by law, Apply organizational and legal or new nature measures aimed at ending the subject of the administration of offences and the elimination of its consequences.
Article 33. Damage in the field of tourist activities
The subject of tourist activities which violated the legislation in the field of tourist activity in the provision of tourist services owed to the tourist service is required to reimburse the tourist damages in full if the treaty or law is not provided. Reimbursement to a smaller or larger size.
A tourist moral (nemanonova) is a pity that his legal rights violated by the subject of a tourist activity in the order established by law.
The subjects of the tourist activity, which are regrettable by legal or physical entities due to the violation of tourism legislation, damages are reimbursed in accordance with the law.
Article 34. Order of disputes on the provision of travel services
The debate on the provision of tourist services is dealt with in the established law of order of the Third courts and the courts of general jurisdiction.
Chapter VII
INTERNATIONAL TOURISM COOPERATION
Article 35. International Tourism in Tourism. Participation in international tourism organizations
The legal basis for international cooperation in tourism is Ukraine ' s international treaties concluded in accordance with Law of Ukraine "International Affairs of Ukraine".
The state contributes to the expansion and strengthening of international cooperation in the areas of tourism on principles and norms developed by the World Tourism Organization (WTO).
The body of state power, which provides representation and implementation of Ukraine ' s interests in tourism in relations with other countries and with international travel organizations, is the central executive body providing the formation of state tourism. the tourism and resorts policy, which is in the set of order to participate in international tourism agreements.
Ukraine participates in the activities of international travel organizations in accordance with the international legal obligations of Ukraine and the statutory documents of such organizations.
Article 36. Representative of Ukraine in tourism outside Ukraine
In order to expand international cooperation, Ukraine's approval of the world tourism market and the effective use of its tourism resources separate powers with the representation of Ukrainian tourism interests outside Ukraine rely on its trade representations.
Under the presentation of the central executive body that provides the formation of public policy in tourism and resorts, the Cabinet of Ministers of Ukraine may open up outside Ukraine for tourist missions. The order of creation, activities and liquidation of tourist offices is defined by the Cabinet of Ministers of Ukraine in accordance with the international treaties of Ukraine.
Article 37. Features of activities in Ukraine by foreign actors
The legal entities created by the legislation of other states, foreigners and persons without citizenship will undertake tourism activities in Ukraine according to the international treaties of Ukraine in the order defined by law.
Foreign legal and physical persons may be able to carry out tour operator and tour activities by forming enterprises with the legislation of Ukraine and obtaining in the established order of the tour of tour operator.
{Part of the second article 37 of the changes made under the Act No. 2608-VI of 19.10.2010 }
Tourist escort for Ukraine may be provided by specialists of tourist escorts, citizens of Ukraine and individuals who are permanently residing in Ukraine unless otherwise provided by the international treaty of Ukraine, The duty of which is provided by the Verkhovna Rada of Ukraine.
Mediation activities on the territory of Ukraine on the basis of tourist agreements with foreign entities of tourist activities are not allowed. Such activities can only be carried out through tour operators created by the legislation of Ukraine.
The agreements concluded with the violation of the requirements of this article are invalid.
Chapter VIII
TRANSITIONAL AND TRANSITIONAL PROVISIONS
1. This Act will take effect from 1 January 2004.
2. Prior to the introduction of legislation in compliance with this Act and other legal acts are applicable in part that does not contradict the Act.
3. Physical and legal persons who have received licenses to organize foreign, internal, foreign tourism, excursion to the day of the official publication of this Act, until 1 April 2004, may be free of charge for the term of licence of the old The model will be licensed to carry out a tour operator or tour activity under the terms of the Act and Law of Ukraine "On licensing of certain types of economic activity".
4. The Cabinet of Ministers of Ukraine in the monthly row from the day of entry into force:
To prepare and submit to the Verkhovna Rada of Ukraine's proposal to bring the laws of Ukraine into compliance with the Law;
In accordance with its competence, to ensure the adoption of legal and legal acts provided by the Act;
To bring their legal and legal acts into compliance with the Act;
Provide a view and abolishment of ministries and other central executive bodies of their normative acts contrary to this Act.
5. Paragraph 50 of Article 9 Law of Ukraine "On the Licensing of certain types of economic activity" (Verkhovna Rada of Ukraine, 2000, No. 36, art. 299; 2001, No. 22, pp. 105) set out in such an editorial:
"50) tour operator and tour activity".
| President of Ukraine |
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| Um ... Kyoto |
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