Publication date: 11.07.2024
The procedure for obtaining a permit for tourism activities
Tourism is an important element of the Ukrainian economy, contributing to the development of international relations, cultural exchange and economic growth. To conduct tourism activities, businesses must obtain a permit. In this article, we will review the procedure for obtaining a permit for tourism activities, the regulatory framework, the main requirements for applicants, the stages of the permit process and the possible consequences of non-compliance with the terms and conditions of the activity.
Legal and regulatory framework
The process of obtaining a permit for tourism activities in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Tourism":
- Defines the legal, organisational and economic basis for tourism activities, establishes the procedure for obtaining permits for such activities, and the rights and obligations of tourism entities.
Law of Ukraine "On Licensing of Economic Activities":
- Defines the general legal framework for licensing of economic activities, establishes the list of activities subject to licensing, the procedure for obtaining a licence and requirements for licensees.
TheResolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Granting a Licence for Conducting Tourism Activities":
- Regulates the procedure for granting a licence to carry out tourism activities, sets out requirements for tourism entities and the procedure for submitting documents.
Order of the Ministry of Economy of Ukraine "On Approval of Licensing Conditions for Conducting Tour Operator and Travel Agency Activities":
- Sets out licensing conditions for tour operators and travel agents, including requirements for material and technical facilities, staff qualifications and other aspects.
Main requirements for applicants
In order to obtain a permit for tourism activities, a business entity must meet a number of requirements set out in the legislation. The main requirements include:
Registration of a legal entity or individual entrepreneur:
- The applicant must be registered as a legal entity or individual entrepreneur in accordance with the laws of Ukraine.
Availability ofmaterial and technical base:
- The business entity must have the necessary material and technical base to carry out tourism activities, including office space, communication facilities, computer equipment, etc.
Staff qualifications:
- The business entity must have qualified employees who have the necessary knowledge and experience to carry out tourism activities. The staff must have the appropriate education, training and certificates.
Financial solvency:
- The applicant must confirm its financial capacity to carry out tourism activities, including the availability of the necessary financial resources to support the activity.
No criminal record:
- The managers and employees of the business entity must not have any convictions for serious crimes, crimes against life and health, as well as other crimes provided for by law.
The procedure for obtaining a permit
The procedure for obtaining a permit for tourism activities includes several main stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain the permit. This package includes:
- An application for a permit in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate.
- Documents confirming the availability of the material and technical base.
- Qualification documents of employees.
- Financial statements and other documents confirming financial solvency.
- A certificate of no criminal record for managers and employees.
- An application for a permit in the prescribed form.
Submission of anapplication to the licensing authority:
- The application together with the package of documents is submitted to the relevant licensing authority (for example, the State Agency for Tourism Development of Ukraine). The documents may be submitted in person, by mail or electronically through specialised portals.
Consideration of theapplication by the licensing authority:
- The licensing authority considers the submitted application and checks the submitted documents for compliance with the requirements of the law. If necessary, additional checks or requests to other authorities may be made.
Making a decision on granting a permit:
- Based on the review of the application and verification of the documents, the licensing authority makes a decision to grant or refuse the permit. In case of refusal, the applicant has the right to receive a reasoned response stating the reasons for the refusal.
Issuance of the permit:
- In case of a positive decision, the licensing authority issues a permit to the applicant to carry out tourism activities. The permit may be issued in paper or electronic form.
Peculiarities of licensing certain types of tourism activities
Licensing of different types of tourism activities has its own peculiarities, depending on the specifics of the activity and the requirements of the law:
Licence for tour operator activities:
- A licence for tour operator activities is issued to enterprises engaged in the organisation and sale of tourist products. Requirements to the material and technical base, staff qualifications and financial solvency are determined by the relevant regulations.
Licence for travel agency activities:
- A travel agency licence is issued to enterprises engaged in intermediary activities for the sale of travel products. Particular attention is paid to the technical condition of the offices, the qualifications of employees and the compliance of equipment with safety standards.
Licence for excursion activities:
- A licence for excursion activities is issued to companies that organise and conduct excursions. Requirements for licensees include the availability of qualified guides, appropriate technical facilities and equipment.
Procedure in case of refusal to grant a permit
In case of refusal to grant a permit for tourism activities, the applicant has the right to act in accordance with the established procedure, which includes several stages:
Obtaining a reasoned refusal:
- The applicant has the right to receive a written response stating the reasons for the refusal to grant the permit.
Correction of deficiencies:
- The applicant may correct the identified deficiencies in the documents or activities that caused the refusal and reapply for the permit.
Appealing a refusal:
- In case of disagreement with the decision of the licensing authority, the applicant has the right to appeal the refusal in court. The court considers the case and makes a decision based on the evidence provided. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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