ALTERNATIVE DISPUTE RESOLUTION IN THE SPHERE OF TOURISM
Journal Title: Право та інновації - Year 2017, Vol 1, Issue 17
Abstract
Problem setting. The economic activity in the tourism industry provides for special measures aimed at protecting the consumers of tourist services rights while the settlement of disputes with business entities which provide tourist services. Analysis of resent researches. Certain aspects of alternative dispute resolution such as mediation and arbitration proceedings are reflected in the works of the following national and foreign scientists: V. P. Kozyreva, S. A. Kurochkin, N. Vozniuk, Yu. D. Prytyka, O. M. Spektor and others. The insufficiently researched issues are considered to be concerning more modern, efficient, quick, and available to the parties alternative ways of dispute resolution arising from the provision of tourism services. Target setting. The article focuses on the study of the problem of the protection of tourists as consumers through the ADR (ODR) dispute resolution platform . Article’s main body. The Directive 2013/11/EU and the Regulation (EC) №524/2013 provide complete coverage of alternative dispute resolution between consumers and traders on the EU level. That means that the alternative dispute resolution is available for all the dispute parties in every market sector (e.g. tourism, banking) and in each member state. Besides, all institutions must meet quality criteria which guarantees that they act on effective, fair, independent and transparent basis. Some benefits of introducing of ADR method of resolving disputes to the national consumer protection system: 1) to meet not only the general position of Ukraine concerning the harmonization of national legislation and the EU one, but also would be much more effective settlement model, for example, of tourism disputes, as well as to relieve the work of the a court; 2) appearing of significant advantages of disputes resolution of this type: the minimum gap in time between the occurrence of conflict and the time of the dispute, which would indicate the efficiency; participation in the procedure may be «virtual»; an unlimited possibility of participating representatives involvement; the dispute settlement procedure is maximally simplified and does not require high procedural costs and time; 3) such a mechanism would be a significant mean of economic-legal regulation, since it would allow the Ministry of Economic Development and Trade of Ukraine to collect information on violations of legislation in the sphere of tourism and to respond by making appropriate legislative amendments. Conclusions. The implementation of policies in the field of alternative disputes in the sphere of tourism it is dedirable to be entrusted to the Ministry of Economic Development and Trade, which is the main body in the system of Central Executive authorities to ensure forming and implementation of state policy in the sphere of tourism and resorts. The commitment of this function will be implemented by the Ministry of Economic Development and Trade directly or through its authorized body, for example, the Department of Tourism and Resorts in the structure of which the office on the ADR resolution is to be created.
Authors and Affiliations
M. V. Semenova
Keywords
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