Право/ 2.Административное и финансовое право.
Candidate of law Dochshanova
A.S.
Al-Farabi Kazakh national
university, Kazakhstan
The competence of the state bodies
of the Republic of Kazakhstan in the sphere of tourism and tourist activities
State
management in the sphere of tourism and tourist activity is carried out in
different directions. One of them is establishment the system of state bodies
with indication of their competence. The
highest executive authority of the Republic of Kazakhstan is the Government of
the Republic of Kazakhstan. The competence of the Government of the Republic of
Kazakhstan in this area includes:
- the definition and implementation of the state policy
on development of tourism;
- adoption of normative legal acts regulating relations in the
sphere of tourism activities within its competence;
- the creation of the state system of scientific support
in the field of tourism activities;
- approval of the personal composition and regulations of
the Tourist Board on the proposal of the authority;
- the implementation of cooperation and collaboration
with foreign countries in the field of tourism;
The Ministry of Investment and Development of the
Republic of Kazakhstan is the authorized body in the tourism sector. The Regulation on the Ministry of Investment
and Development of the Republic of Kazakhstan stated
that "the Ministry exercises leadership in
the areas of ... tourism activities, the implementation of state policy to
support investment; in the fields of railway, road, inland waterway transport,
merchant shipping, in the use of airspace of the Republic of Kazakhstan and of
civil and experimental aviation, roads ... " [1].
The competence of the authorized body
includes the following functions:
- participation in the development and implementation of
a common policy to attract investment in the tourism industry;
- realization of state policy in the field of tourism
activities, tourism;
- development and adoption of normative legal acts in the sphere of
tourism;
- the implementation of inter-sectoral and inter-regional
coordination of tourist activity, the interaction with domestic, foreign and
international tourism, public and other organizations and individuals engaged
in tourist activities;
- exercising
state control over observance of the legislation of the Republic of Kazakhstan
on tourist activities;
- the development, conclusion and execution of
international treaties in the field of tourism activities;
- approval of the rules of classification of tourist
accommodation;
- approval of the rules of retraining and advanced
training of specialists in the field of tourism activities, the definition of common requirements;
- approval of the rules of formation and maintenance of
the state register of tourist routes and trails;
- dissemination of information about Kazakhstan and its
tourism opportunities in the international tourist market, and within the
state, including through national and international exhibitions and fairs in
the field of tourism activities;
- approval of the model contract for tourist services;
- approval of the qualification requirements for the tour
operator activities;
- adoption of the rules of tourist services;
In the regions, the functions of
government in tourism carried out by local executive bodies. Analyzing
the Article 12 of the Law on
tourist activity [2] the following conclusion can be made. The
local executive bodies perform current activities directed on realization the
competence of the Government of the Republic of Kazakhstan and the special
Ministry. Especially the local competence includes
- assistance in the
activities of children and youth camps, tourist associations and development of
amateur tourism;
- provision of tourist information; establishment of a
tourist information center;
- licensing of tour operator activities;
- organization training
guide (guide-interpreter);
The functions of local executive body of
the district, the city of regional importance in addition to the above powers
attributed the collection, analysis and provision of the local executive body
of the region, city of republican status, capital of information on the
development of tourism on the territory of the administrative-territorial unit. The
questions on distribution the competence of state bodies in the sphere of
tourism are of particular interest in terms of
unstable situation on the market of touristic services in the Republic
of Kazakhstan. In order to coordinate the process of governing the tourist
activity the legislation should provide the effective scheme of collaboration.
Literature
1. The
Regulation on the Ministry of Investment and Development of the Republic of
Kazakhstan, approved by the Government of the Republic of Kazakhstan from
September 19, 2014 № 995 // IS Paragraph.
2. Law
of the Republic of Kazakhstan from 13.06.2001 N 211-II On touristic activity // IS
Paragraph.