A scientific theoretical and practical approach to determining security of the tourist industry as an object of public administration
Definition of the concept of "security of the tourist industry". Systematization of security risks in the tourism industry. Study of the factors of formation and practical implementation of state policy in the field of security of the tourism industry.
Рубрика | Государство и право |
Вид | статья |
Язык | английский |
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TRPC NUCD of Ukraine
A scientific theoretical and practical approach to determining security of the tourist industry as an object of public administration
Akhmedova O. PhD in Public Administration
Kharkiv
Abstract
The concept of “the tourism industry security ” has been defined in the paper. Further, the security risks of the tourism industry have been systematized. On this basis, the factors of the state policy formation and practical implementation in the field of the tourism industry security have been researched.
Keywords: state policy; tourism industry; tourism security; factors; risks.
Анотація
Ахмедова О. О. к.держ.упр., доц., ННВЦ НУЦЗУ, м. Харків
НАУКОВО-ТЕОРЕТИЧНИЙ І ПРАКТИЧНИЙ ПІДХОДИ ДО ВИЗНАЧЕННЯ БЕЗПЕКИ ТУРИСТИЧНОЇ ГАЛУЗІ ЯК ОБ'ЄКТА ДЕРЖАВНОГО УПРАВЛІННЯ
У статті визначено поняття «безпека туристичної галузі». Крім того, систематизовано ризики безпеці туристичної галузі. На цій підставі досліджено фактори формування та практичної реалізації державної політики у сфері безпеки туристичної галузі.
Ключові слова: державна політика; туристична галузь; безпека туризму; фактори; ризики.
Problem statement
According to theoreticians and practitioners of innovative management in the field of economy, the nearest global trends in the development of economy will be implemented around its three main subsystems, mainly, oil production, engineering and tourism [1]. Taking this into account, all investments will be redistributed precisely to ensure the development of these specified areas of the economy. However, it is worth remembering that a “human being” is a key both for innovations and the economy as well as for the tourism sector. Therefore, it is important to constantly guarantee the person's s e- curity which is possible to provide with the help of various means that periodically require updating. In this view, consideration of human-centric and security aspects of the tourism industry development is quite relevant. All this determines the relevance and topicality of the chosen research sphere. security tourist risk state
Recent research and publications analysis
The scientific works by V. Antonova, O. Bilotil, O. Borysenko, S. Dombrovska, Ye. Kozlovskyi, S. Maistro, A. Pomaza-Ponomarenko, I. Parubchak, M. Pokolodna, V. Shvedun, E. Shchepanskyi, N. Fomenko and others are devoted to the research of public administration issues in the tourism industry [1; 2]. Recognising the achievements of these scientists, we can, nevertheless, note that there is a need for a comprehensive scientific study of both theoretical and practical aspects of guaranteeing the tourism security from the public administration standpoint.
Paper objective is to substantiate scientific, theoretical and practical approaches to determining the tourism industry security as an object of public administration.
Paper main body. Tourism safety and security is a complex multifaceted phenomenon which is a variant of the broader and more complex concept of “security”. Scientists define the latter as “the absence of danger; safety, reliabi l- ity” [1]. In the English language, two terms are used to denote the category “security”, namely: safety and security. The term “safety” is usually used to denote the safety of services (goods, works) in terms of their technical or other material maintenance (safety of buildings, structures, fire safety, safety of food products, sanitary and epidemiological well-being, etc.). This term usually corresponds to the concept of “risk” (“acceptable risk”, “unacceptable risk”). Such risks include: injury hazard, fire hazard, hydro meteorological hazard, biological hazard, environmental hazard, toxicological hazard, radioactive hazard and other types of environmental hazards. Therefore, these threats are more difficult to predict (for example, criminogenic, military-political, psychophysiological danger, an act of illegal interference in the transport operation, etc.).
The origins of security as a national scientific category can be found within the Constitution of Ukraine as the Basic Law. In its text, terms such as “state security”, “public security”, “human security”, “citizen secu rity”, “environmental security” are used to denote this phenomenon. Article 1 of the Law of Ukraine “On National Security of Ukraine” provides the definitions of the “state” and “national” security which guarantees the state security, public sec uri- ty, environmental security, personal security and other types of security provided for by the legislation of Ukraine. Other domestic legal acts often refer to “economic”, “informational”, “ecological”, “food”, “defence” and some other types of security. The national security strategies of Ukraine (2015, 2020) con- 4 tain definitions of the main concepts in the field of national security (national security, national interests, threats to national security, strategic national priorities, the system of ensuring national security, forces and means of its ensuring) [3]. In addition, within the analysed strategies, types of national security are defined: in the domestic political, economic, social spheres, in the sphere of science and education, in the international, spiritual, informational, military, defence-industrial and ecological spheres, as well as in the sphere of public security [ibid]. It should be noted that the mentioned strategies do not recognize the importance of supporting the safety and security of tourism or the relevant industry, although it ensures the sustainable development of the state (economic, social and environmental).
At the same time, in Ukraine's Tourism and Resorts Development Stra te- gy to 2026 [3] the directions of its implementation have been outlined and “safety and security of tourists” has been put first. It is in place here to mention that for tourism industry the combination of both terms is important as it combines both emotional and physical aspects. In order to ensure the achievement of this safety and security, the necessity to implement the following measures (tactical and strategic) is recognized as the primary task:
maintaining safety and security of tourists and protecting their rights and interests by improving the quality of provided tourist services;
providing emergency assistance to tourists who find themselves in an emergency and/or are injured during the trip;
monitoring tourists' enquiries and complaints, including foreign tou r- ists, as well as providing them with the necessary information on tourism, calling for help and assistance, etc.;
monitoring tourists' emergencies and appeals;
strengthening the accountability of tourism stakeholders to the consumers of tourism services [ibid].
By the way, Ukraine's Tourism and Resorts Development Strategy to 2026 [3] defined the expected results from its implementation, emphasizing the impact of tourism on sustainable development. It defines the importance of the population's life quality improvements, ensuring economic growth, environmental safety, consolidation of society, including its access to services in the field of tourism and resorts [ibid].
Therefore, the domestic legal base in the field of tourism recognizes its safety and security as one of the legal institutions, a priority of state policy and tourism activity. As has been stated above, this is confirmed by the provisions of Ukraine's Tourism and Resorts Development Strategy to 2026 [3]. In the “Road Map” of this subordinate act a defining position is given to the implementation of the direction “Tourists' Safety and Security” [ibid].
It is obvious that the meaning and scope of the concept of “tourism sec uri- ty” in the legislation on tourism activity is revealed by listing the relevant security objects:
life, health and property of tourists (sightseers);
environment;
society's material and spiritual values;
state security, etc.
We agree with scientists that tourism security is a state of protection and support of the participants of tourism legal relations (tour operators, travel agents), citizens, foreign citizens and stateless people exercising the right to rest). The tourism security in this context is a set of civil and legal norms designed to ensure the legal, property and personal non-property, social, informational, environmental safety and security of all participants in tourism legal relations as well as not causing any damage to the environment, state material and spiritual values of security while traveling through the state.
At the same time, guaranteeing (supporting) tourism security is the application of various types of legal activities aimed at preventing and neutralizing security threats in the field of tourism, as well as other measures to create and guarantee the necessary level of security of the security facilities. The main principles of supporting tourism security should be the systematicity principle, which determines a comprehensive approach to the problem, and the efficiency principle, which allows to evaluate the achieved results and compare them with the costs incurred.
Tourism as a systemic direction is a complex object of security and therefore of state policy. Within this context, any tourism security measures will be effective only when they are developed and implemented considering all the essential aspects of the problem or limitations imposed on its solution. Strictly speaking, for an effective and efficient solution, the entire complex hierarchy of state measures to ensure security should be organized in such a way that at all levels of management, the entire system of tourism in general, its final development effects are considered but not some single criterion or only individual elements of the system for assessing its efficiency.
An important characteristic of tourism as a complex object of security and state policy is the category of “national interests”. In the field of tourism, they are related to creation of the necessary conditions and guarantees of reliable existence and sustainable development of the tourism sphere. The pursuit of national interests in this field ensures satisfaction of the needs of all tourism subjects, whose interests we consider as important to detail. Among these interests, it is worth highlighting the interests of the state, society, and individual citizens- tourists. This statement is made considering the provisions of domestic legislation in the field of national security.
On this basis, it has to be noted that the tourists ' interests consist in the enforcement of their rights and freedom, ensuring in the process of the travel preparation, organization and implementation guarantees of personal integrity, inviolability of private life, life protection, tourists' health and property safety, increasing the level of their working capacity, intellectual and spiritual development.
The entrepreneurs ' interests include the possibility of free enforcement of their right to entrepreneurial activity, ensuring guarantees of economic activity freedom, the absence of restrictions on the movement of services, financial means and information on the single tourist market, the elimination of redundant administrative barriers, support for competition and restrictions on monopolistic activity, inviolability of property, protection of the entrepreneur from illegal encroachments, availability of investment guarantees and a favourable investment climate. The interests of workers in the tourism industry are related to guarantees of their labour rights enforcement, the absence of discrimination and forced labour, protection of life and health from harmful and dangerous production factors, professional growth and strengthening of material well-being.
The local population's interests include the enforcement of the right to the favourable environment and livelihoods, the need to strengthen public order and morality, proper sanitary and epidemiological well-being, non- discriminatory participation in tourist services, and the preservation of the original environment [4].
The civil servants and officials of local self-government bodies ' interests, exercising functions and powers in the field of public administration in the field of tourism, are expressed in the stability of the civil service, protection from unlawful interference in their professional official activities, protection of the civil servant from violence, threats and other illegal actions while performing of their official duties, timely and full receipt of monetary support, maximum implementation of civil service guarantees.
The civil society's interests are related to the preservation of the cultural identity for present and future generations, national identity and unity of peoples, its national heritage and other spiritual and material values, guarantees of the participation of civil society institutions in public administration of the tourism sphere, the use of tourism opportunities to support the country's social ha r- mony and spiritual renewal.
The state's interests are determined by the inviolability of the constitutional system, sovereignty and territorial integrity, ensuring political, economic and social stability, the unity of the tourist space, the need to observe legality and maintain law and order in the tourist market, preventing the use of the tourism channels for laundering income obtained through criminal means, uncontrolled and illegal migration, smuggling of currency and cultural values, other illegal manifestations, development of equal international cooperation with other states in the field of tourism.
It is obvious that tourism security is a dynamic state of tourism protection from internal and external security threats which allows to ensure its reliable existence and sustainable development.
Tourism security is divided into certain types which can be grouped in the following directions:
according to the elements included in the tourism sphere, here the security of tourism entities (tourists' security, entrepreneurs' security, tourism indu s- try employees' security, security of the population of tourist territories; tourism entities' security (security of tourist resources, security of tourism infrastructure, security of objects), security of automated information systems, personal data of tourism entities, etc.) can be highlighted;
according to the types and forms of travels: security of international tourism (inbound tourism security, outbound tourism security); domestic tourism security, social tourism security, ecological tourism security, etc.;
according to the objects of national security that may be affected by negative factors and conditions arising in the field of tourism: public security, state security, ecological security and sanitary-epidemiological well-being of the local population, legal security and security of public administration in the tourism sphere;
according to the nature of security measures used in tourism sphere: tourism security can be specific (security of hotels, tourist services, catering services, means of entertainment for tourists, etc.) and functional (technical security, fire safety, information security in the field of tourism, etc.);
according to the location of hazards and the direction of security measures in the tourism sphere: tourism security can be internal and external;
according to the form (method) of the tourism organization: the organized tourism security and the unorganized (self-organized) tourism security.
Therefore, the state legal institution of this security is the basis of the tourism security as a scientific category. This institution refers to a relatively small, stable group of legal norms that regulate a certain type of social relations (primary legal community). On this basis, it can be claimed that the tourism security is the object of state policy, which outlines the legal boundaries for ensuring such security. These limits are established in separate legal norms that are part of the correspondent state legal institution.
Considering the above stated, it can be noted that the goal of the organization, operation and development of the state legal institution of tourism security is to achieve a guaranteed state legal status in the tourism sphere which strengthens the legality and public order in the tourism market, ensures the safety of the individual, society and the state in the field of tourism, preservation of the envi- 8 ronment, other favourable conditions that are created for the citizens' rights and freedoms realization of in the tourism.
At the same time, the main tasks of the state legal institution of the tourism security follow from its goals and principles, namely:
protection of health, environment, protection of social morality, sanitary-epidemiological well-being of the local population;
ensuring law and order in the tourist market, public and state security in the tourism sphere;
protection of legitimate economic interests of individuals and legal entities, society and the state against administrative and other offenses in the tourism sphere, as well as their prevention;
optimization (increasing the quality) of the performance by executive (executive-administrative) authorities and officials of their state functions and powers in the field of tourism security;
exclusion of duplication of functions and powers of executive authorities in the field of tourism security, limitation of arbitrary administrative discretion, ensuring openness, predictability, transparency and democracy of tourism security measures;
formation of respect for the law and the court among citizens, law enforcement officers (primarily the police), civil servants of executive authorities and employees of non-governmental organizations;
increasing the level of safety and security culture in the tourism sphere.
Taking into account the importance of increasing the level of security in the field of tourism, further scientific research should be devoted to the justification of directions for the improvement of the state legal institution in this field.
Conclusion
Thus, the content of state activities in the field of tourism security consists in the implementation of legal, institutional, organizational and other mechanisms of public policy, as well as the provision of resource capabilities at a level that meets the interests of the system of tourism security. This activity manifests the administrative and managerial essence of tourism security which involves a set of interrelated executive (executive and administrative) authorities, including the national tourism administration, regional tourism administrations, municipal administrations, their officials, as well as citizens and legal entities, people involved in the provision of tourism security. It is determined that the unifying component of the mentioned mechanisms of public policy is the state legal institution of tourism security. This institution is a set of institutional forces and legal means, as well as information resources and other technologies aimed at ensuring tourism security. The study of organizational aspects of public policy in the sphere of tourism security allows stating that the latter constitutes the object of legal regulation and, therefore, the object of public administration. This object requires public policy in the sphere of tourism security to develop and implement measures aimed at enhancing (strengthening) the culture of tourism security. This is particularly relevant from the perspective of identifying current global and domestic socio-political trends and processes affecting the development of tourism, and, consequently, the implementation of the right to it, which will be particularly vulnerable in the meantime due to the influence of a number of factors.
References
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2. Kozlovsky Ye. V. State regulation in the field of tourism: formation and development in Ukraine: dis. ... cand. of sciences in public administration. 25.00.02. Nat. acad. state man. Kyiv. 2008. 19 p.
3. Official website of the Verkhovna Rada of Ukraine.
4. Stryzhak O., Akhmedova O., Postupna O., Shchepanskiy E., Ti- urina D. National Brand, Tourism and Human Development: Analysis of the Relationship and Distribution // Journal of Distribution Science. 2021. Vol. 19. Is. 12. Pp. 33-43.
Список використаних джерел
1. Домбровська С.М., Помаза-Пономаренко А.Л., Рибальченко Н.П. Туризм і право на нього в контексті гарантування безпеки: монографія. Харків: НУЦЗ України, 2021. 272 с.
2. Козловський Є.В. Державне регулювання в галузі туризму: становлення і розвиток в Україні: автореферат дис. к.держ.упр. 25.00.02. Нац. акад. держ. упр. Київ. 2008. 19 с.
3. Офіційний веб-сайт Верховної Ради України.
4. Stryzhak O., Akhmedova O., Postupna O., Shchepanskiy E., Ti- urina D. National Brand, Tourism and Human Development: Analysis of the Relationship and Distribution // Journal of Distribution Science. 2021. Vol. 19. Is. 12. Pp. 33-43.
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