Peculiarities of legal regulation of tourism activities under martial law in Ukraine

Abstract

The article analyzes the current state of legal regulation of tourism activities under martial law in Ukraine. The author identifies the peculiarities of legal regulation of tourism activities during martial law and outlines the powers of state authorities in this area. The author analyzes the regulatory and legal support of the tourism sector.The Russian-Ukrainian war has led to a noticeable decrease in international tourist flows, which was caused by a number of war-related factors, with the first place being occupied by the safety of tourists, which Ukraine cannot guarantee for objective reasons. Despite the difficult situation in the country, tourism continues to operate. The issue of regulating tourism activities in Ukraine through the regulatory framework is becoming increasingly relevant, since the tourism industry of our country has been affected by many negative factors over the past few years: the coronavirus pandemic, the Russian invasion and the associated outflow of several million people, the actual zeroing of tourist flows from abroad, etc.At present time, there are no specifics at the legislative level regarding the regulation of the procedure for licensing and issuance of permits for tourism activities during martial law. At the same time, the terms for the provision of administrative services by the entities that provide them and the terms for the issuance of permits by the licensing authorities have been suspended for the period of martial law in Ukraine. The suspended periods will be renewed within one month after the termination or lifting of martial law in the relevant territory of Ukraine.The author substantiates that exemption from liability for breach of contract during martial law can be equated with the circumstances of essential importance provided for in Article 617(1) of the Civil Code. Pursuant to the provisions of this Article, a person who has breached an obligation shall be released from liability for breach of duty if he/she proves that the breach occurred as a result of an accident or force majeure.