Abstract
The problem of the development of self-regulating organizations in the sphere of tourism was repeatedly raised in science, actualized in the framework of state and business practices.
Self-regulation, being a means of legal regulation, primarily uses the methods, ways and means of civil law, through which subjects that implement legal capacity, independently develop a model of behavior, formalized in certain rules. In this regard, self-regulation, on the formal side, is presented as an independent and initiative activity that, on the basis of development and application of professional rules, ensures coordination and control the activities of members of organizations, as well as in the form of institutionalized organization of subjects, allows them to represent their interests in relations with authorities. At the same time, self-regulating organizations in tourism are viewed in the literature as a mechanism of lowering of the administrative pressure on entrepreneurial activity. At the same time, in regional or municipal conditions, the mechanism of self-regulation can serve as an instrument for strengthening the administrative model of tourism regulation.
The purpose of the study is to determine the actual form of self-regulation in tourism on the basis of the analysis of the status of the association “Union of Tour Operators in the Field of Outbound Tourism “TURPOMOSCH” (“Tourist Help”) The authors disclosed the purpose and objectives of the association, as well as changing its status in connection with the implementation of the function to provide emergency export of tourists.
During the research it was determined that the TURPOMOSHCH association completely meets essential signs of the self-regulating organization. At the same time a normative transition of “Turpomoshch” to the status of self-regulatory organization can be based on the addition of the institute of the fund of target capital with institute of a mutual insurance. At the same time, the authors came to the conclusion that in order to secure fundamentals of the social protection of population at this moment the state can’t refuse regulation of the tourist activity with transfer of these powers to self-regulating organizations. The cases of insolvency of tour operators which have become frequent in the sphere of outbound tourism confirm need of the strengthening of public requirements to implementation of tourist activity in the Russian Federation. In this regard within the “Turpomoshch” organization there was an association (convergence) of methods of the public and civil-law regulation.
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- 1.
Note that, according to part 6 of Art. 3 of the Federal Law of 13.07.2015 N 223-FZ “On self-regulatory organizations in the financial market” an obligatory condition for the recognition of a non-profit organization as a self-regulating organization is the registration it in a special register.
- 2.
In the opinion of V.V. Vasilyev, as a result of the impact of the norms of legislation on the law, reflecting the objective processes of their convergence, the overall frequent-legal orientation of relations does not change, but their separate spheres acquire a public legal nature (Vasiliev 2014: 19).
- 3.
The decision of the Supervisory Board of the Association “Association of Tour Operators in the Field of Outbound Tourism” Tourist Information” (The resolution of the Supervisory Board of the Association “Turpomoshch” 2017).
- 4.
Rosturizm prepared special methodological recommendations on certain issues of the formation of these funds (“Information” of Rosturizm 2017).
- 5.
Only during the first months of work, 188,017,845.37 rubles were transferred to the personal liability fund (Zobova et al. 2017: 62).
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Davydova, M.L., Bokov, Y.A., Stel, Y.V., Zolotovskiy, V.A. (2019). Self-regulation in Tourism. In: Popkova, E. (eds) The Future of the Global Financial System: Downfall or Harmony. ISC 2018. Lecture Notes in Networks and Systems, vol 57. Springer, Cham. https://doi.org/10.1007/978-3-030-00102-5_12
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