Securing and protecting consumers’ rights in the sphere of tourism services: theoretical and legal aspects of regulation

In the article the author further develops the study of legislative regulation of consumer rights protection in the field of tourism services. It has been found that since the 20th century, issues of legal regulation in the field of tourism have become increasingly relevant, since tourism has become an important socio-cultural and political phenomenon that significantly affects the modern world order, the development of integration processes and interstate relations. Tourism is one of the promising areas of restructuring of the country's economy and affects such sectors, as transport, trade, communications, construction, agriculture, production of consumer goods, etc. The development of tourism facilitates improvement of the population’s living standards, creation of additional jobs, formation of state foreign exchange reserves, as well as boost the country’s authority on the global arena. It is during this period that the view of the consumer (tourist) as the central figure in relationships related to the production and sale of material values is formed. It is substantiated that the norms of many branches of law (civil, criminal, administrative, etc.) are directly or indirectly aimed at protecting consumer rights. At the same time, the views of scientists on this concept turned out to be different, which is due to the difference between civil legal remedies and other remedies (criminal, administrative, etc.), the lack of clarity in the legislative regulation of consumer rights protection, the presence of differences in the interpretation of the concepts of «legal protection» and «legal securing» and other circumstances. At the same time, it can be noted that consumer rights protection is a system of measures aimed at eliminating violations of consumer rights, imposing the obligation to restore the violated right on the violator. The author notes that the realization or exercise of the right to protection does not exist by itself, but requires the creation of an appropriate mechanism of legal regulation. The legal mechanism for the implementation of the rights, freedoms and obligations of a person and a citizen is the unity of legal and other means, techniques and methods by which the rights, freedoms and obligations of a person and a citizen are materialized. It contains the following elements: guarantees of their implementation; legal elements of the implementation mechanism; the process of practical implementation of the possibility and necessity of activity; conditions and factors of such a process. The author notes that provision and implementation are impossible without the state taking on obligations that ensure justice in relations with its citizens. It is the state that is the main guarantor of the realization of rights, freedoms and protection of the legitimate interests of the consumer. It has been emphasized upon the necessity to update the current legal framework taking into account international requirements for the quality of tourist services.