Travel across Russia. What needs to be known about excursions during a “high“ tourist season?During a season of rest and trips actual become various excursions. In Russia in this sphere of a tourist cluster, as well as in many others, is what to improve.
Quite often happens so that important information on excursion, privileges to separate categories of citizens by organizers of cultural actions - firm or the individual - is not announced (or intentionally disappears). This situation provokes questions: what needs to undertake the citizen wishing to visit an ancient monument or object of cultural heritage at will good and easy in that the difficult, but very often repeating in our turbulent time case when “permits“ are not made out, receipts are not issued, therefore, money in circumvention of the tax reporting is raised? And how to make so that the rights (the status of the exempt) were taken into account organizers of excursions? Complexity of a situation in its mass character.
During a “high“ tourist season when for earnings become more active a grief - businessmen, can provide you services, not quite lawful or not having any relation to excursions at all if you address to the firm which is not confirming the powers. About responsibility of the organizer in such situation there is no speech at all.
Agreeing about meanings, we will call excursion service. The relations of the consumer, the customer of excursion and the persons providing it under the law have to be fixed documentary, but usually it does not occur. Such “firms“ are widespread as to create the advertizing material on the website or in group on social networks each school student can. Now so business becomes: the program of excursions is announced, but any documents according to the reporting (tickets, permits) instead of the money given to organizers are not given though you also ask. It is the first sign that you addressed the “private traders“ fostering the business, employing buses and guides. It is not difficult to bring them to “clear water“.
Private traders whose activity is directed to systematic receiving profit on rendering services (including in the tourist sphere) have to be registered as the individual entrepreneur or other legal entity in the order (Art. 2 of the Civil code of the Russian Federation) established by the law and are subject to obligatory registration in tax authority - according to Art. 83, 84 of the Tax code of the Russian Federation.
At the same time if the natural person in the absence of registration as the individual entrepreneur independently carries out on the risk the activity directed to systematic receiving profit on rendering services, then on this activity the court can assign to it all obligations provided by such transactions. Also the court can bring to tax, administrative and even to trial (item 4 of Art. 23 of the Civil code of the Russian Federation, item 2 of Art. 11 of the Tax code of the Russian Federation).
As the consumer of services (the citizen, the buyer), you have the right to ask for the businessman, the seller of service, the copy of the documents granting to him the right to be engaged in this type of business activity. And in case of lack of documents and (or) refusal in their granting, you can refuse tourist service and contact with the complaint police. Function regarding control and supervision of competency of subjects of business activity is employed this law enforcement body.
However, refusing the excursion program, wishing to restore justice, you can lose an opportunity to be acquainted with culture, especially in that case when in the field of concrete excursion her organizers have no competitors, and at you is, respectively, alternatives. Therefore what to do in a concrete case - to solve only to you.
The federal legislation defined an order and categories of persons which were granted the right of free visit of the museums in the Russian Federation. It is interesting that the operating monasteries and temples are not included into the list of the museums, and are the religious organizations. And visiting these institutions, you not quite acquire the status of the tourist, and it is rather - the pilgrim, with many interesting features. For example, the whip-round from pilgrims for organizational services in visit of monasteries is provided by pilgrim services which are today practically at each operating monastery. And this collecting is called “donation“, and its minimum rate - is fixed and declared as the service price. From here the right of privileges and preferences at pilgrim trips is defined in the relevant pilgrim services, but not laws of the state.
As for the museums per se, the right of free visit of the museums is guaranteed to the persons which did not reach eighteen years once a month, and the persons which are trained on the main professional educational programs are granted the right for free visit of the state and municipal museums at least once a month (justification - Art. 12 of the Act of the Russian Federation from 09. 10. 1992 No. 3612 - 1 of “A basis of the legislation of the Russian Federation about culture“).
The right for free and extraordinary visit of the state museums, art galleries, showrooms and the centers placed in them expositions of exhibitions and fairs is provided to Heroes of the Soviet Union, Heroes of the Russian Federation, full gentlemen of an award of Glory - without restrictions on the number of visits (Art. 7 of the Act of the Russian Federation from 15. 01. 1993 No. 4301 - 1 “About the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full gentlemen of an award of Glory“).
For large families (item 1 of the Decree of the Russian President from 05. 05. 1992 No. 431 “About measures to social support of large families“) establishment of one day in a month - for free visit of the museums, recreation parks, and also exhibitions is provided. Additional cost of ensuring free visit of the museums is covered at the expense of means of territorial funds of social support of the population once a month. It actually does not act on practice as authentically to control the number of visits of a large family or its members, for example, of big park ensemble with several entrances on its territory, hardly.
Article 52 of the Act of the Russian Federation from 09. 10. 1992 No. 3612 - 1 of “A basis of the legislation of the Russian Federation about culture“ the possibility of establishment of privileges by the organizations of culture is provided (including to the museums) at the organization of paid actions for: children of preschool age; pupils; disabled people; the military personnel passing a military service.
The order of establishment of privileges for the organizations of culture which are under federal authority is established by the Government of the Russian Federation, for the organizations of culture which are under authority of subjects of the Russian Federation - public authorities of subjects of the Russian Federation, for the organizations of culture which are under authority of local governments - local governments. The order of establishment of privileges is established by the order of the head of the organization of culture.
The payment for visit of the museum (the entrance ticket) is not always payment for visit of the paid event held in its territory. Respectively, at visit of the museum of provision of the specified laws do not extend to establishment of privileges.
It is interesting that for veterans of military operations primary (not free) and extraordinary use of all types of service of establishments culturally - educational is established and it is sports - improving establishments, extraordinary acquisition of tickets for all means of transport, extraordinary service by the enterprises of retail trade and consumer services (The federal law “About veterans“ from 12. 01. 1995 No. 5 - Federal Law). Veterans of military operations are rather young, and visit of pools for them is demanded procedure; they can count on the preferences established by laws of our country.
And other exempts and citizens without privileges, having read article, can analyse a situation taking into account realities and legal basis for these or those opportunities which during a summer season surround us practically everywhere.