A means of accommodation is understood as any object intended for the temporary residence of people.

So, GOST 1994 “Tourist and excursion services. Classification of hotels" gives the following definitions of types of accommodation: hotel - an enterprise intended for temporary residence (the minimum number of rooms in a hotel is 10); motel - a hotel located near the highway.

In another regulatory document of 1997 - "Rules for the provision hotel services V Russian Federation”, the following definition is given.

Hotel - Property Complex(building, part of a building, equipment and other property) intended for the provision of services.

According to GOST R 51185-98 “Tourist services. Accommodation facilities. General requirements” means any object intended for temporary accommodation of tourists (hotels, camp sites, campsites, etc.)

Thus, it is quite obvious that the current legislation of the Russian Federation, which defines accommodation services, does not fully disclose the meaning of the concepts of "accommodation facility" and "hotel".

Therefore, the following definition of a hotel may be appropriate:

A hotel is an economic entity (enterprise), which is a means of accommodation that provides people who are away from home with a range of services, the most important of which are accommodation and catering services.

This definition indicates the mandatory presence of two main services in the hotel - accommodation and meals.

Hotels are characterized by the following features:

They have a number of rooms, the volume of which exceeds a certain minimum, have a single management;

They are characterized by a certain list of mandatory services: room cleaning, daily bed making, bathroom cleaning, room service;

Possess a certain range of additional services;

They are grouped into classes and categories depending on the equipment and features of the services provided.

Based on the definitions of GOST R 51185-98 “Tourist services. Accommodation facilities. General requirements”, services of accommodation facilities - the activities of an organization, an individual entrepreneur for the accommodation of tourists and the provision of hotel, specialized (health, sanatorium, sports, tourist, etc.) services.

If we talk about hospitality as an integral part of tourism, then all tourist services can be divided according to their functional purpose, and they are divided into: material and socio-cultural.

Social and cultural services include services to meet the spiritual, intellectual needs and maintain the normal life of the consumer (strengthening and restoring health, spiritual and physical development of the individual, increasing professional excellence), as well as medical services, cultural services, tourism, education, etc.

On the other hand, in the creation of tourist services are involved and transport companies, catering enterprises and other organizations, services that relate to the field of material services.

Consider the main services from the definition of "hotel": accommodation, meals and additional services.

Firstly, special premises (hotel rooms) are provided for use by clients,

Secondly, services are provided that are performed directly by the hotel staff: porters for the reception and registration of guests, maids for cleaning hotel rooms, etc.

What is the main element of the accommodation service?

Hotel rooms are the main element of the accommodation service.

Room - a room consisting of one or more places, equipped in accordance with the requirements for a hotel of this category.

A bed is an area with a bed intended for the use of one person.

The hotels have different categories of rooms, differing in area, furniture, equipment, equipment. However, regardless of categories, each hotel room must have the following furniture and equipment:

Bed;

Chair or armchair per seat;

Night table or bedside table for one bed;

Wardrobe;

General lighting;

Information about the hotel and an evacuation plan in case of fire, etc.

2. Catering services consist of a combination of different processes:

Production (cooking in the kitchen),

Trading (sale of ready-to-eat products, alcoholic and non-alcoholic beverages),

Service (serving guests by waiters in a restaurant, bar, cafe, hotel rooms)

The legislative framework governing the activities of the hotel industry in Russia includes:

1. Civil Code of the Russian Federation (parts one, two and three), defining the basic rights and obligations of entrepreneurs, ensuring and protecting the economic and personal rights of citizens, establishing rules on property and market turnover.

2. The Tax Code of the Russian Federation - part one, which defines financial obligations to state bodies, municipal institutions.

3. Federal law "On the fundamentals tourism activities in the Russian Federation” defines the principles of state policy aimed at establishing legal framework single tour. market in the Russian Federation, which 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 traveling.

Article 10. Information about goods (works, services)

5. Federal Law of August 8, 2001 No. 128-FZ “On Licensing Certain Types of Activities”.

6. Federal Law No. 184-FZ of December 27, 2002 “On Technical Regulation” entered into force on July 1, 2003.

8. International Hotel Convention concerning the conclusion of contracts by hotel owners and travel agents, which entered into force on June 15, 1979, designed to regulate the signing and execution of hotel contracts of an international character.

9. International Hotel Rules, approved by the Council of the International Hotel Association on November 2, 1981, designed to inform the guest and the owner of the hotel about their mutual rights and obligations.

10. 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” (as amended and supplemented on October 2, 1999, September 15, 2000). In our country, this decision is the main normative document for businesses such as hotels. Based on the requirements of this document, business entities providing hotel services organize the process of their provision.

11. Sanitary and epidemiological rules approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated November 14, 2001 No. 36.

12. Decree of the Government of the Russian Federation dated July 15, 2005 No. 1004-r “On the classification system for hotels and other accommodation facilities”. Order of the Federal Agency for Tourism of the Russian Federation dated July 21, 2005 No. 86 "On Approval of the Classification System for Hotels and Other Accommodation Facilities".

On the termination of the application on the territory of the Russian Federation of GOST 28681.4-95 “Tourist and excursion services. Classification of hotels" in connection with the order of the Government of the Russian Federation dated July 15, 2005 No. 1004-r from August 1, 2006.

13. Gosstandart of Russia Decree of June 27, 2003 No. 63 decided to “recognize as national standards the current state and interstate standards put into effect before July 1, 2000. for use in the Russian Federation”.

List of the main national standards of the tourism sector:

GOST 30335-95 “Public services. Terms and Definitions".

GOST 28681.1-95 Tourist and excursion services. Designing tourism services.

GOST 28681.3-95 Tourist and excursion services. Requirements for ensuring the safety of tourists and sightseers.

GOST 30389-95 " Catering. Classification of enterprises.

GOST 30523-97 “Catering services. General requirements".

GOST 30524-97 “Public catering. Requirements to service personnel».

GOST R 51185-98 “Tourist services. Accommodation facilities. General requirements".

GOST R 50690-2000 Tourist services. General requirements".

GOST R 52113-2003 “Public services. Nomenclature of quality indicators.

GOST R 52024-2003 “Physical health and sports services. General requirements".

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

In an article based on a detailed analysis current legislation the system of state regulation of activities for the provision of hotel services in the Russian Federation is studied, and proposals are made to improve 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 conditions for recreation to modern society with its diverse demands.
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.
Legal regulation 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, article 8), as well as the fundamental rights and freedoms of a person and citizen, important for this area, including the right to move freely, choose a place of stay and residence (part 1, article 27), the right to rest ( part 5 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 defines that accommodation services are integral part tourism product, and activities for the formation, promotion and implementation of a 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 good quality safe for their life, health and property; to receive information about the services and their performers; on state and public protection of consumer interests), and also determines the mechanism for exercising their rights.
Law of the RSFSR dated June 26, 1991 No. 1488-1 “On investment activity in the RSFSR”, federal laws No. 160-FZ of July 9, 1999 “On Foreign Investments” and No. 39-FZ of February 25, 1999 “On Investment Activities in the Russian Federation Carried out in the Form of Capital Investments” define the basic guarantees of the rights of investors to invest 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 arising from 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 a 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 law and performing during their stay at the hotel their labor obligations. In such a situation, the employer orders hotel services, entity or an individual entrepreneur who sends his employee on a business trip, including for profit, but consumes the services of an employee who is a “tool” for making 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 successful development hotel industry in our country. In order to improve 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 you follow the Law on Technical Regulation, is completely removed from the scope of government agencies.
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 state system classification of 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 Classification System for hotels and other accommodation facilities (hereinafter referred to as the Classification System) is currently in use. 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 difficult problem 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. 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. Fulfillment of these requirements - necessary condition to ensure 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. First, it is the governing body of the system - the federal body executive power 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, maintains a single register of the system, and also performs coordinating functions, develops methodological documents, collects and analyzes information, etc. e. The decision to assign or refuse to assign the requested category to the accommodation facility is made by certifying commission. Direct expert assessment of accommodation facilities is carried out 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 with the organizational structure established in the Law on Technical Regulation, the radical illegality in organizational structure There is no 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 their own compliance system.
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 attribute the provision of hotel services not to services, but to 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.

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 defense: 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 the Russian Federation, improvement of hotel services and the success of domestic business in this sector social production largely depend on how perfect the legal regulation of relations arising in connection with the provision of hotel services. Development of optimal legal means regulation of activities for the provision of hotel services contributes to their development and 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 regulations regulating the rights and obligations of the parties to the contract for the provision of hotel services, the conclusion, execution and responsibility 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. IN scientific papers, one way or another, the problem of legal regulation of the provision of services in general and their varieties was considered. However, there are no special works of a complex nature on the study of modern legal relations that arise 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 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.

Working out general classification 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 general theory rights 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, tax law 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 raising topical issues, conducting a holistic, comprehensive study of the 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 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, goodwill, 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 an essential condition of the contract 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 bodies of state power and administration of 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 thesis was prepared at the Civil Law and Procedure Faculty of Law, Institute of International Law, Economics, humanities and their 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, hospice 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 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 the global hotel industry last years quantitative and qualitative growth is observed. 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 big 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 purpose-built hotels. 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 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, the design institute "Lenginprogor" developed standard project hotel "1Р-02-5". 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 services market due to the rapid growth of private small hotels and similar accommodation facilities, including out-of-town recreation centers. Today in St. Petersburg and 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, 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 involving 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. Pear characterizes the service as economic attitude 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 inherent services quality to form the process of labor, to constitute one of its forms (in this respect, 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 on stone or engraved on bronze and decided that a given city recognizes for certain of its citizens the hereditary position of patron, who, on behalf of a city conquered by Rome, which became an ally of 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 the contract paid provision services, 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State regulation of the hotel business is carried out through the standardization and classification of objects of the tourism industry, which include hotels. Standardization in the Russian Federation is regulated federal law“On Technical Regulation”, which sets out requirements for the provision of services, which, however, are voluntary and are not subject to compulsory application. Thus, we can conclude that certification of hotel services is not mandatory, but is subject to licensing only on a voluntary basis, according to criteria that can be developed by any organization.

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

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

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

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

The main problems of the hotel business in Russia are:

Lack of organizational knowledge to effectively develop the hotel business

Lack of clear and complete regulation of the hotel industry

Constant reform of the legislation regulating the hotel and tourism industry

The ongoing formation of a negative image of the territory

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

Bibliography

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

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

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

International hotel rules. Approved by the Council of the International Hotel Association November 2, 1981 Kathmandu, Nepal. The aim is to codify the generally accepted international trading practices regulating the issues of the contract for accommodation in a hotel. 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. The rules stipulate: an accommodation agreement, its form, validity period, its execution and non-performance, termination of the agreement, payment, violation; responsibility of the hotel owner, guest/client, delay of guest property, guest conduct, pets, occupation and vacating the room.

International hotel convention concerning the conclusion of contracts by hotel owners and travel agents of June 15, 1979. The Convention is intended to regulate the signing and execution of hotel contracts concluded by travel agents and hotel owners. 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 Parties express their intention to apply this Convention as a guide to the settlement of disputes arising privately between owners and travel agents in court or arbitration. The convention deals with: hotel contracts, types, general rules for two types of contracts, the conclusion of a hotel contract, payments to the hotel owner, payments to the travel agent, cancellations, general mutual obligations, contracts for the provision of hotel services to individual clients, contracts for the provision of services to groups of tourists, dispute settlement, dispute resolution rules in arbitration

World Tourism Organization - establishment of the United Nations. Leading international organization in the field of tourism. Established in 1925 as the International Congress of Official Tourist Associations in The Hague.

WTO regularly provides the necessary recommendations facilitation of tourism formalities. Previously, the WTO Executive Council had a Facilitation Committee, which was responsible for the whole range of issues related to the problems of the movement of tourists, both internationally and nationally. In October 1994, it was merged with the Committee on Safety in Tourism and became known as the WTO Committee on Quality in Tourism Services. At the meetings of the Committee, approaches to the development of measures for the safety and protection of tourists are considered, reports are heard on the need to have a tourist police in major tourist centers of a particular country based on the already existing experience of other states in this direction.

Simplification of tourist trips and travels is a comprehensively thought-out and coordinated policy of the state and the actions of its specific government bodies, primarily the national tourism administration, to develop and encourage tourist trips, provide tourists with the necessary social and economic security, as well as qualified medical and other assistance, and protect them. property, health, personal rights and dignity.

The European hotel market has one system standardized information, adopted on 23 December 1986 by the Council of Ministers of the European Community, consisting of huge amount pictograms. The purpose of the system of standardized information is to make it easier for tourists to stay in Europe, to overcome the existing problems in reading guidebooks, catalogs, prospectuses associated with accommodation enterprises. This system is convenient and has a number of advantages. It is objective, informative, easy to manage, controllable through the use of existing consumer protection legislation that does not allow misleading interpretations.