Guryev A.V. Integrated Legal Regime of Tour Operator Bankruptcy Prevention As a Subject of Private and Public Law Regulation

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.20

Anatoly V. Guryev

Lector, the Department of Civil-Lawful Disciplines, Volgograd Institute of Management – the Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Gagarina St., 8, 400131 Volgograd, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: state policy in the sphere of tourism is one of the priority directions of development of the Russian economy, which implements the constitutional right of citizens to rest. However, due to have taken place in recent years, interruptions of business and subsequent announcements of its financial insolvency of a number of tour operators thousands of tourists have lost already paid vacation. With respect to the individual tour operators filed a bankruptcy case. The inadmissibility of violation of the rights and legitimate interests of the users of tourist services, taking into account the social character of the latter, is an important factor in the production of state of effective legal measures to prevent negative consequences of improper performance of obligations by persons engaged in entrepreneurial activity in the sphere of tourism. Intention of research – comprehensive analysis of the legal norms regulating organizations of bankruptcy prevention, and development of recommendations on improvement of legal regulation of relations developing on the prevention of the failure of the tourist organization-tour operator to meet the statutory financial requirements, in order to avoid subsequent recognition bankrupt. Methods basis of the thesis applied the general principles of scientific knowledge (comprehensiveness, consistency, objectivity, methodological pluralism), scientific methods of cognition (comparison ascent from the abstract to the concrete, etc.), general logical methods (analysis, synthesis, induction, deduction, generalization, classification, abstraction, etc.), specially-legal methods (formal and legal, comparative legal method of interpretation of the law, dogmatic, and others). Results: formed integrated legal regime of tour operator bankruptcy prevention, which includes the subjects, composition and consistency of risk monitoring loss of solvency tour operator, conditions and methods of prevention of bankruptcy the tour operator without the involvement and the involvement of third-party lenders, as well as the joining as a way to prevent bankruptcy of the tour operator under the agreement other Tourism Organization. Conclusions: fundamental importance is the correct definition of the moment, which means the start of measures to prevent the loss of solvency of the tour operator. This requires continuous monitoring of the financial condition of the tourism organization.

Keywords: bankruptcy prevention, tour operator, integrated legal regime, reorganization, joining, payment calendar, financial soundness indicators, monitoring, creditors.

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