Genesis of sources of legal regulation of relations in the provision of hotel services

Scientific research results in pandemic conditions (COVID-19)

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Liliya Ilkhomovna Achilova, teacher, University of world economy and

diplomacy, Uzbekistan

GENESIS OF SOURCES OF LEGAL REGULATION OF RELATIONS IN THE

PROVISION OF HOTEL SERVICES

L.I. Achilova

Abstract: The zone of dynamic development of applied science and

industry is a technology park that creates the most favorable conditions for
business and provides an opportunity to use research, design and
application of new digital technologies. The main goal of creating innovation
centers is to create favorable conditions for the formation and development
of digital technologies. This is based on the effective use of information and
communication technologies, scientific and educational integration and
industrial integration.

Keywords: investment activities; investments; special tax and financial

benefits; technology parks; innovative technologies.

The hotel business in the Republic of Uzbekistan is developing. The hotel

business in the Republic of Uzbekistan develops mainly due to the increase
of efficiency of use of tourist potential of regions of the Republic, ensure the
dynamic development of modern tourism infrastructure, expansion and
quality improvement of hotel services improving their image and
involvement in the field of investment. Thus, in 2018-2019, new 142
accommodation facilities with a number Fund of 1,745 units and 4,121
places started operating, with their total numbers reaching 1,046 units [1].
Paragraph 3.2. of the Decree of the President of the Republic of Uzbekistan
«Strategy of action for five priority areas of development of the Republic of
Uzbekistan in 2017-2021» [2] defines the goals of «accelerated development
of the tourism industry, increasing its role and contribution to the economy,
diversification and improvement of the quality of tourist services, expansion
of tourist infrastructure». Sh. Mirziyoev the message of the Oliy Majlis,
dedicated to the integrated analysis of socio-economic development of the
country in 2019 and identifies key directions and priorities of country's
development for 2020, including in the Decree of the President of the
Republic of Uzbekistan from August 16, 2017 «On priority measures for the
development of tourism in 2018-2019» [3], the legal regulation and
international cooperation in this sphere is aimed at ensuring the availability
of tourist trips to Uzbekistan, development of tourism and related
infrastructure in all regions of the country, diversification of tourist
products and creation of new tourist facilities, promotion of national tourist
products in the domestic and foreign markets, etc.

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One of the important directions in the study of the provision of hotel

services, as well as improvement of legal regulation of hotel services is a
qualitative study of issues that relate to the content, order of service, the
legal rules governing the rights and obligations of the parties under the
agreement of rendering of hotel services, but also in the conclusion,
performance and liability of the parties to the contract.

Public relations that are formed between the contractor and the

customer of hotel services are the subject of legal regulation of the provision
of hotel services. It should be noted that article 40 of the Constitution of the
Republic of Uzbekistan States: «Everyone has the right to qualified medical
care». At the same time, the Constitution contains rules relating to certain
types of services that define these services as personal rights of citizens or
refer them to the functions of certain formations. For example, the sphere of
education «Everyone has the right to education» (article 41 of the
Constitution of the Republic of Uzbekistan), lawyer services «Providing legal
assistance to citizens» (article 116 of the Constitution of the Republic of
Uzbekistan).

However, despite the fact that the Constitution of the Republic of

Uzbekistan does not have a separate rule directly regulating hotel services,
however, a very important rule is fixed, which performs a certain function
for these services. In particular, according to article 28 of the Constitution, a
citizen of the Republic of Uzbekistan has the right to free movement on the
territory of the Republic, entry into and exit from the Republic of Uzbekistan.
With the exception of restrictions established by law.

It should be noted that this norm fully complies with article 13 of the

universal Declaration of human rights, which defines:

1. Everyone has the right to free movement on the territory of any state

and to choose their place of residence.

2. Everyone has the right to leave and enter any state, including their

own

The departure of our citizens abroad is regulated by Decree of the

Cabinet of Ministers of 6 January 1995 «On the procedure for departure
abroad of citizens of the Republic of Uzbekistan and regulations on
diplomatic passport of the Republic of Uzbekistan» [4].

The Civil code of the Republic of Uzbekistan occupies a particularly

important place in the legal regulation of hotel services. The civil code as the
basic law in the provision of services includes the Institute of contracts
arising from the contractual relationship is based on equality of participants
of property and personal non-property relations. In part 2 of article 703 of
Chapter 38 of the Civil code, as services separate tourism services.

According to experts, Chapter 38 of the civil code of the Republic of

Uzbekistan when determining the rules of the contract for the provision of

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paid services, as well as the concept of «service» are applied in a narrow
sense. In this case, we can conclude that the above Chapter of the civil code
of the Republic of Uzbekistan regulates those services that are not covered
by other chapters of the civil code.

However, I would like to note that the civil code of 1922 and the civil

code of 1964 did not contain rules that would directly regulate both
contractual relations for the provision of services, and in particular,
contractual relations for the provision of hotel services.

Services are allocated as an independent object (articles 1, 2, 81 of the

civil code of the Republic of Uzbekistan, etc.). the activity of providing hotel
services received its own legal framework with the adoption of the civil code
(Chapter 38 of the civil code of the Republic of Uzbekistan Paid services).
However, the significance of which is that it lays the Foundation for civil
relations that are not specified in this Chapter. (part 2 of article 703 of the
civil code of the Republic of Uzbekistan – this list is not exhaustive).

Part 2 of article 703 of the civil code of the Republic of Uzbekistan lists

the number of services and certain actions or activities. According to
Chapter 38 of the civil code of the Republic of Uzbekistan provision of
communication services, medical, veterinary, audit, consulting, information
services, training services, tourist services. This list is not exhaustive, since
the services may be different in content.

Joining this opinion, it should be noted that the contract for the

provision of hotel services directly as a contract for the provision of paid
services is governed by the rules of Chapter 38 of the civil code of the
Republic of Uzbekistan and therefore the rules of this Chapter serve as an
important legal source for these services.

The next legal framework regulating the legal relations of hotel services

is the Law of the Republic of Uzbekistan «on tourism». This law applies to
hotel activities only indirectly.

The law of the Republic of Uzbekistan «on tourism» also defines that

accommodation services are an integral part of the tourist product and as a
rule, accommodation services are provided by hotels. In addition, this law
defines the concept of «tourism», according to which «tourism is the
departure (travel) of an individual from a permanent place of residence
without engaging in activities related to obtaining income from sources in
the country (place) of temporary residence». This provision testifies to the
role of hotel services for tourists and at the same time shows that the Law of
the Republic of Uzbekistan «On tourism» serves as the legal basis for hotel
services.

However, some experts believe that this law should reflect certain rules

relating to hotel services.

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Thus, according to U.N. Dostov, the provision of tourist services and,

which is an integral part of its service of hotel services (hotel, catering, etc.),
although aimed at one specific activity, are essentially different
relationships. Therefore, they should be reflected in the law independently.
That is why it is necessary to make additions to the Law of the Republic of
Uzbekistan «On tourism», while all issues of providing tourist services and
issues of providing hotel services, public catering should be supplemented
with separate articles [5].

In our opinion, in this case, the Law of the Republic of Uzbekistan «On

tourism» should reflect the General requirements for hotels and their
provision of services to tourists as part of the tourism industry. The addition
of the Law of the Republic of Uzbekistan «On tourism» in the form of the
above circumstances to determine the exact range of tourist activities and
ensure the rights and interests of the traveler.

An important role in regulating the provision of hotel services is played

by the Law of the Republic of Uzbekistan "on protection of consumer rights"
of April 26, 1996. This law regulates the relationship that arises in relation
to the place (room) provided by the hotel services, the rights of the guest
(visitor) in a certain sense are considered similar to the rights of the tenant.
However, in contrast to the contract rent, the contract hotel services the
visitor would not only have the right to use the premises for temporary
accommodation, but will be entitled to demand the provision of these
services, cleanliness and housekeeping, as well as the risk of accidental
destruction of the property will be at the expense of the visitor. In addition,
if the rent-refers to the transfer of property for temporary use, the hotel
service is the implementation of actions aimed at meeting the needs of a
person for temporary accommodation for a certain period of time. In
addition, this Law defines the range of consumer rights when the service
provided does not meet the established quality requirements and when
services are provided improperly.

Based on this rule, we can say that the contractor provides partial

services in accordance with the established rules or based on the
requirements of the contract. In case of non-performance of such services,
according to part 3 of article 19 of this law, the guest has the right to cancel
the contract for the provision of hotel services and claim damages.

Based on international standards, the WTO has developed

Recommendations for interregional harmonization of hotel classification
criteria. The recommendations define minimum requirements for the
building accommodation facilities and rooms, hotel services and service
personnel. When determining the category of hotels, the highest is
considered to be five stars, and the lowest category is considered to be one

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star. In many countries, pre-classification of hotels is a prerequisite for
obtaining a hotel license [6].

The international hotel Association was established to protect the

professional interests of hotel industry employees and in a number of
countries form national associations of the hotel industry. An important
contribution of the International Hotel Association was the adoption of
International hotel rules in 1981, which have not lost their relevance to this
day. These rules set out the basic principles of the relationship between the
administration and the client.

As a result of the analysis of international legal acts that regulate

relations in the field of hotel services, we can note the International Hotel
Convention (MGA/FUAAV), which contains issues of concluding and using
contracts between travel agents and hotel owners. This Convention
regulates the day - to-day issues of signing, executing and using hotel
contracts. Committed travel agents and hotel owners must strictly comply
with the rules specified in the Convention. The next act is the International
hotel rules of November 2, 1981, which Supplement the provisions on
contractual relations provided for by national legislation.

Mechanisms of legal regulation of hotel services can be divided into civil

and public law methods. The civil law way of regulating hotel services is the
contract of hotel services and the rights of the guest as a consumer.

Certification and licensing of hotel activities, the procedure for

obtaining permission to conduct hotel business is considered to be a public
legal means of regulation. In order to protect the rights of consumers, it is
necessary to implement international quality standards. If the relationship
between the hotel and the guest is regulated by a contract, the relationship
regarding the organization of the hotel service is regulated by
administrative procedural mechanisms.

References
1.

Tourism in Uzbekistan // Information and analytical Department of

the State Committee of the Republic of Uzbekistan for tourism development.
https://uzbektourism.uz/ru

2.

Decree of the President of the Republic of Uzbekistan dated February

7, 2017 no. up-4947 «action Strategy for five priority areas of development
of the Republic of Uzbekistan in 2017-2021» https://lex.uz/docs/3107042

3.

Decree of the President of the Republic of Uzbekistan «on priority

measures for the development of tourism for 2018-2019» https://lex.uz

4.

Decree of the Cabinet of Ministers of 6 January 1995 «On the

procedure for departure abroad of citizens of the Republic of Uzbekistan and
regulations on diplomatic passport of the Republic of Uzbekistan»
https://lex.uz

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5.

Dustov U. N. Uzbekistan Respublik tourism services. – Toshkent,

2004. - P. 25.

Savinov V. S. international tourism: a textbook. - Moscow, 2010. - P. 33.

[Electronic resource] cyberleninka.ru

Abdulaziz Rasulev, Doctor of law, acting Professor of the Department of

«Crime prevention» of the Academy of the Ministry of Internal Affairs of

the Republic of Uzbekistan

Gayrat Sadullayev,teacher of the Department of «Crime prevention» of the

Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan

Ilmira Rasuleva, Department of Oriental Languages University of world

economy and diplomacy

COUNTERING CYBERCRIME: MODERN APPROACHES TO TRAINING

A. Rasulev, G. Sadullayev

, I. Rasuleva

Abstract: this article analyzes the issues of countering cybercrime,

taking into account the development of modern information and
communication technologies, and the use of the Internet by young people.
The article deals with the practice of fighting cybercrime and the trend of
constant development of young hackers.

In conclusion, proposals and recommendations were developed to

improve measures to counter cybercrime in higher education institutions of
the Republic of Uzbekistan.

Keywords: youth, Internet, state youth policy, cybercrime, information

and communication technologies, hacker, hacker groups.

Global informatization of society is one of the dominant trends in the

development of civilization in the XXI century. Due to the rapid increase in
the capabilities of computer science, telecommunications systems and new
information technologies, the information environment of people's lives and
activities is being formed, and the information society is being formed.

The Internet is a worldwide computer network that connects thousands

of networks, including those of law enforcement agencies and government
organizations. Initially, few people knew what the Internet was and how to
use it, but as time went on, various sites, forums, blogs, and online stores
began to appear on the Internet. More and more people began to learn about
the existence of the Internet and began to use it more and more.

Currently, the Internet is used by a huge number of people, and most of

these people are representatives of modern youth. Young people spend