农村待客:客人安全的法律规制问题

T. Novak, Viktoriia Мelnyk
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摘要

本研究旨在探讨乡村物业在提供乡村接待服务时,对访客安全的法律规范问题。这项研究的意义在于,迫切需要制定特别立法,以反映乌克兰农业多样化新领域如农村接待的具体情况,特别是这一领域发展的决定性方面之一——农村庄园客人的安全。这项研究的目的是描述概述地区的法律支持状况,并制定建议,以改善对农村庄园访客/客人安全的法律监管。本文的方法论框架包括一套科学认知的一般科学方法和特殊法律方法,即辩证方法、系统结构方法、形式逻辑方法、系统分析方法和形式法律方法。根据所进行的研究,对"农村接待安全"一词进行了广义和狭义的定义,并区分了农村接待的外部和内部安全水平。有可能采用旅游立法来规范农村接待的外部安全关系。有必要以法律形式制定一项关于农村接待的特别条例,以规范农村接待的内部安全关系。建议在这一预期条例中规定一项关于订立农村接待服务书面协议的必要规则,并确定了这一合同的实质性条款和条件。提出了一项建议,为提供农村接待服务制定一项示范协定。为了简化农村待客服务的安全提供,以吸引农村庄园的客人从事农业工作,建议制定吸引农村庄园客人从事农业工作的安全说明。所得结论将有助于农村接待立法的发展,也可用于农村接待关系法律规制的具体特征的理论和应用科学研究。
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Rural hospitality: Problems of legal regulation of guest safety
This study investigates the problems of legal regulation of the safety of visitors – guests of rural estates during the provision of rural hospitality services. The relevance of this study is conditioned upon the urgent need to develop special legislation that would reflect the specifics of such a new area of agricultural diversification for Ukraine as rural hospitality, specifically one of the defining aspects for the development of this sphere – the safety of guests of rural estates. The purpose of this study was to characterize the state of legal support for the outlined area and formulate proposals for improving the legal regulation of the safety of visitors/guests of rural estates. The methodological framework of this paper included a set of general scientific and special legal methods of scientific cognition, namely dialectical, system-structural, formal logical, system analysis, and formal legal methods. As a result of the conducted study, the term “safety of rural hospitality” was defined in broad and narrow meanings, and the external and internal levels of safety in rural hospitality were also distinguished. The possibility of applying tourism legislation to regulate external security relations in rural hospitality was substantiated. The need to regulate internal security relations in rural hospitality in a special regulation on rural hospitality in the form of a law was proved. It is proposed to establish in this prospective regulation an imperative rule regarding the conclusion of a written agreement on rural hospitality services, and the substantial terms and conditions of such a contract were defined. A proposal was put forward to develop a model agreement for the provision of rural hospitality services. To streamline the safe rendering of services within rural hospitality to attract guests of a rural estate to perform agricultural work, it was proposed to develop safety instructions for attracting guests of rural estates to perform agricultural work. The obtained conclusions will help in the development of legislation on rural hospitality and can also be used in theoretical and applied scientific research on the specific features of legal regulation of relations concerning rural hospitality.
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