CLAIM-BASED DISPUTE SETTLEMENT PROCEDURE AS AN OBLIGATORY CONDITION FOR CONSUMER PROTECTION IN THE FIELD OF TOURISM SERVICES

Ivanyuk Olga Stepanovna

Economic and legal disputes are resolved by the courts. The need to appeal to such courts occurs when one of the business entities, between which legal relations arise, violates its obligation. Then an economic dispute arises, the consideration of which, as a rule, ends with the restoration of the violated or disputed right. However, in addition to the judicial order, there are other ways to defend their interests in the economic sphere. They are the so-called extra-judicial dispute settlement institutions. Today, the main type of pre-trial settlement of economic disputes in the legal field of the Russian Federation is claim proceedings, as a mandatory condition of consumer protection in the field of tourist services. Claim-based proceedings can be considered as an intermediate stage between "peaceful" conversations and an appeal to the consumer protection department and the court. It was designed to help the parties settle mutual claims in a pre-trial manner or as one of the stages before going to court. In fact, quite often, this is the only adequate way to receive monetary compensation from a company in the field of tourist services without lengthy procedures and payment of legal costs. Registration in the legal norms of the claim-based settlement of an economic dispute gives confidence in the real realisation of the protection of the right, because the legal settlement of an alternative solution to an economic dispute necessarily provides for the legal possibilities of enforcement of a decision made based on the results of an extra-judicial settlement of the dispute. This becomes important when the obligated party refuses to perform its duties voluntarily. In addition, the enforcement procedure provides for certain time costs, which puts off the moment of protection of the right. Out of the number of extra-judicial methods regulated by law, the most convenient is the claim-based settlement of the dispute.

Keywords:tourism, the right to rest, tourist services, consumer protection, claim activity, the right to make a claim, judicial practice.