The Bankruptcy Problem of Tourist Enterprises in Russia and Abroad
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International Journal of Innovative Technology and Exploring Engineering (IJITEE) ISSN: 2278-3075, Volume-9 Issue-3, January 2020 The Bankruptcy Problem of Tourist Enterprises in Russia and Abroad Lebedeva T.E., Egorov E.E., Andryashina N.S., Zhulkova Y.N., Ilyicheva E.V. bankruptcy of tourism enterprises in foreign countries occurs Abstract: The article considers the issue of bankruptcy of not as often as in Russia in recent years [4,6]. tourism enterprises in the world tourism centers and Russia. The The purpose of the study is to analyze the insolvency of tour topic of the article in modern conditions is relevant. It is important operators and agencies of Russia and foreign countries. for the development of the tourism product and choosing tour The study set several important objectives: operators on the market. It is particularly relevant in connection with the fact that, with a certain regularity, tour operators are 1) on the basis of the generalized theoretical shutting down. The authors see the purpose of the study in the information, study the conceptual apparatus, goals, and formation of proposals to minimize negative consequences. They objectives of the institute of the bankruptcy of tourism analyzed the theoretical foundations of bankruptcy and the enterprises in Russia and foreign countries; existing bankruptcy process in Russia. The experience of Great 2) consider the classification of the causes of Britain, USA, France, Germany and other countries was analyzed bankruptcy; and, special emphasis is placed on solving this problem in Russia. 3) analyze a comparative analysis of the system and The analysis, devoted to the study of the theoretical sources of legal regulation of insolvency (bankruptcy) of foundations of the tourism enterprises bankruptcy, allowed us to conclude that this is an economically justified phenomenon, the tourism industry enterprises in Russia and foreign countries. onset of which will happen sooner or later. The formulated conclusions will allow a new look at the II. THEORETICAL AND METHODOLOGICAL bankruptcy problem of tour operators. APPROACHES Keywords: bankruptcy, liquidation, tourism, Russia, analysis, At the moment, there is no fundamental research in tourist operator. which the bankruptcy of Russian tour operators and agencies was considered in comparison with European countries and I. INTRODUCTION the USA [5,7]. In the domestic economic thought, the problem of The relevance of the study is due to the fact that the bankruptcy at the present stage is connected primarily with bankruptcy of companies in the tourism industry over the past the general issues of functioning of enterprises. It is worth 10 years in Russia and foreign countries is of considerable highlighting several leading economists specializing in interest to researchers in various countries. However, until specific insolvency issues: V.F. Popondopulo, E.A. Vasiliev, now, attempts to conduct a comparative analysis of the causes E.V. Naumova, I.V. Ershova, K.K. Lebedev, M.V. in companies, taking into account the legal specifics, are Telyukina, V.S. Belykh, M.L. Skuratovsky, A.B. Ageev, S.E. exclusively fragmentary. Bankruptcy problem of tourism Zhilinsky, V.N. Tkachev, T.P. Shishmareva, E.S. Yulova, enterprises in Russia is conditionally divided into two Guryev A.V. and others [4,10,12]. periods: However, there are no special analytical studies on – Transition phase from 1991 to 1998; the bankruptcy of Russian tour operators and agencies in – Modern stage from 1998 to 2018. comparison with the experience of foreign countries. Such graduation helps the researcher to consider, on Institution of bankruptcy is an interconnected system the one hand, the bankruptcy of Russian companies, taking of legal norms, acting as a regulator of public relations related into account the formation of a new tourism market before the to insolvency (bankruptcy) of legal entities and individuals, as crisis of 1998, on the other hand, the problem of bankruptcy at well as its prevention [3,9]. In the legal system of European of the present stage. countries, the United States and Russia, we can confidently Bankruptcy of tour operators and agencies in foreign say that there are some differences here, primarily related to countries is considered in the period from 2008 to 2018. This the balance of interests between the company and creditors, approach is connected primarily with the fact that the with the corresponding application practice which follows from here. Revised Manuscript Received on January 5, 2020 * Correspondence Author Bankruptcy refers to the failure of a company to fully Lebedeva Tatiana Evgenievna Minin Nizhny Novgorod State meet its obligations to creditors admitted in the arbitration Pedagogical University court. There are no differences between the European tourism [email protected] market and the Russian in this context. Egorov Evgeny Evgenievich Minin Nizhny Novgorod State On the territory of the Russian Federation, Pedagogical University Andryashina Natalia Sergeevna Minin Nizhny Novgorod State bankruptcy is considered, in the framework of the current Pedagogical University legislation - the Federal Law of October 26, 2002. N 127-FL Zhulkova Yulia Nikolaevna Minin Nizhny Novgorod State ―On insolvency (bankruptcy)‖ Pedagogical University [15]. Ilyicheva Elena Vladimirovna Nizhny Novgorod State Engineering and Economic University Published By: Retrieval Number: C8453019320/2020©BEIESP Blue Eyes Intelligence Engineering DOI: 10.35940/ijitee.C8453.019320 3387 & Sciences Publication The Bankruptcy Problem of Tourist Enterprises in Russia and Abroad In Europe and the USA, the term ―bankruptcy institution‖ is creditors. In tourism, large tour operators resort to lending at most often referred to as competition law; therefore, when once to several banking institutions, therefore, bankruptcy working with different sources of information, attention proceedings involve only strictly defined obligations in court should be paid to the discrepancy of interpretations, despite [19, p. 27]. (see Figure 1). the same semantic meanings [19, p.18]. As you know, the bankruptcy of the company is primarily connected with the failure to comply with the requirements of Figure 1 — Grounds for bankruptcy proceedings Comparing the main causes of bankruptcy in the Countries such as the United States, the United Russian and foreign tourism market. It is necessary to take Kingdom, France, Germany and Russia have different into account the fact that bankruptcy institutions in different priorities in the field of bankruptcy, from satisfying creditors' countries have their own specifics, first of all because of the claims to preserving the business of a conditional debtor. legal framework that was shaped by various factors (tab.1) Tab 1 - Comparative characteristics of bankruptcy procedures in Russia and foreign countries Debtor Manager Banking system Signs Type of procedure Management availability priority Appointed by the Debtor bankruptcy USA Retentive court system Reorganization Appointed by the Procreditor Great Britain creditor bankruptcy system France Retracted Debtor bankruptcy Elimination Germany system Appointed by the Japan Reorganization court Retentive / Neutral Russia Elimination Retracted The reasons for bankruptcy of companies in tourism can be changes in legislation and others. Internal factors are related quite different, so in the world practice there is no unified directly to operational activities, including incompetence of standard. However, there are some differences between management, errors in strategic planning, various knowingly Russia and European countries. The fact is that in our country risky activities (‖ dumping‖). the classification of the causes of bankruptcy is directly Thus, the reasons for bankruptcy of companies can associated with the life cycle of the enterprise [4], and abroad combine both a certain set of factors related exclusively to the there is a gradation of the authoritative economist M.D. Ames specificity of the activity, and common to all. [16]. M.D. Ames identified the following reasons for the III. RESULTS OF THE STUDY bankruptcy of companies: Bankruptcy procedures of tourism enterprises in different – lack of management; countries have several key differences. On the one hand, it is – lack of capital; necessary to take into account the balance of interests of the – an unsuccessful location; insolvent company and creditors, on the other hand, the – poor working capital efficiency; degree of involvement of the judiciary in the proceedings. In – excessive investment; addition, there are procedures aimed at reaching an agreement – lack of a restrained credit policy; between company and creditors, as well as activities of a – unintended expenditure of the company's funds; purely administrative nature. – problems associated with business growth. There are also external and internal causes. External include those that do not depend on the activities of the company itself. They are market factors, political instability, Published By: Retrieval Number: C8453019320/2020©BEIESP Blue Eyes Intelligence Engineering DOI: 10.35940/ijitee.C8453.019320 3388 & Sciences Publication International Journal of Innovative Technology and Exploring Engineering (IJITEE) ISSN: 2278-3075, Volume-9 Issue-3, January 2020 It is known that the Federal legislation of the United States Licence‖ (―ATOL‖). Issuance of licenses is carried out in this does not regulate the activities of tour operators and travel country since 1970 by ―Civil