Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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Vol. 41, Nº 77 (2023), 777-789
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 14/12/22 Aceptado el 12/03/23
Legal tools and prospects of state
regulation of the quality management
system in the sphere of tourism
DOI: https://doi.org/10.46398/cuestpol.4177.51
Vadym Baiev *
Olena Karolop **
Tetiana Mirzodaieva ***
Larysa Hopkalo ****
Tetiana Kolisnychenko *****
Abstract
Using an analytical and documentary methodology based on
the review of high-impact scientic literature, the objective of
the article was to develop the legal-conceptual principles of the
quality management system in the eld of tourism. Everything
indicates that, product quality assurance means a set of legal
and planned measures of a systematic nature that create the necessary
conditions for the implementation of each stage of the quality concept, so
that, the product meets the quality requirements of the market segment.
One of the main principles of creating a concept of quality management
in the eld of tourism is a correct denition of the concept of quality of
tourism services in the broader framework of the legal regulation of the
system of tourism management. The obtained results allow us to conclude
that the tourism industry is one of the promising areas of the development
of global economic relations, and in the context of the transformation of the
economy of a country, increasing the eciency of the functioning of this
industry acquires special relevance for the achievement of social welfare.
Keywords: tourism management; quality management system in the
eld of tourism; state regulation; sustainable development;
legal tools.
* National University of Food Technologies, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-
0670-807X
** Kyiv National University of Culture and Arts, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-
1272-0422
*** National University of Food Technologies, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-
4164-4681
**** National University of Life and Environmental sciences of Ukraine, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0003-3513-0502
***** Kyiv National University of Technologies and Design, Kyiv, Ukraine. ORCID ID: https://orcid.
org/0000-0003-0560-9520
778
Vadym Baiev, Olena Karolop, Tetiana Mirzodaieva, Larysa Hopkalo y Tetiana Kolisnychenko
Legal tools and prospects of state regulation of the quality management system in the sphere of tourism
Herramientas legales y perspectivas de la regulación
estatal del sistema de gestión de la calidad en el ámbito
del turismo
Resumen
Mediante una metodología analítica y documental basada en la
revisión de literatura cientíca de alto impacto, el objetivo del artículo fue
desarrollar los principios jurídicos-conceptuales del sistema de gestión de
la calidad en el ámbito del turismo. Todo indica que, la garantía de calidad
del producto signica un conjunto de medidas legales y planicadas de
carácter sistemático que crean las condiciones necesarias para la aplicación
de cada etapa del concepto de calidad, de modo que, el producto cumpla
los requisitos de calidad del segmento de mercado. Uno de los principios
primordiales de la creación de un concepto de gestión de la calidad en el
ámbito del turismo es una denición correcta del concepto de calidad de
los servicios turísticos, en el marco más amplio de la regulación jurídica
del sistema de gestión del turismo. Los resultados obtenidos permiten
concluir que la industria del turismo es una de las áreas prometedoras del
desarrollo de las relaciones económicas mundiales, y en el contexto de la
transformación de la economía de un país, el aumento de la eciencia del
funcionamiento de esta industria adquiere especial relevancia para el logro
del bienestar social.
Palabras clave: gestión turística; sistema de gestión de calidad en
el ámbito del turismo; regulación estatal; desarrollo
sostenible; herramientas legales.
Introduction
Problem statement
Providing consumers with high-quality tourist services in domestic and
international markets should contribute to the formation of the state’s
image as a country with unique tourism opportunities. The quality of
tourist services should be considered as a set of properties of travel services,
processes and conditions of service to satisfy stipulated or anticipated needs
of the consumers of the services from all components of a complex tourist
product.
Recent research and publications analysis
Such scientists as O. Apilat, L. Baumgarten, M. Augustyn, A. Haghkhah,
K. Koch, M. Samuel and others have made a signicant contribution to
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CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 777-789
the study of the theoretical and practical foundations of the development
and classication of the quality management system. Analysis of scientic
research and scientic-methodological works by V. Baieva, I. Bakhova, I.
Antonenko, T. Mirzodaeva, and others made it possible to identify the main
components characterizing the development of medical tourism and its
main components in the country of study. At the same time, a signicant
part of the issues related to the declared topic remain outside the attention
of researchers and require further research and the development of a
structured model of the quality management system in the tourism sector.
1. Methods
The purpose of the article is to develop conceptual legal principles of
the quality management system in the eld of tourism. To do this, it is
necessary to solve the following problems: to determine the indicators of
the quality of a travel service, to develop a model of the quality management
system in the eld of tourism according to the ISO series 9000 standards,
the principles of TQM, and to study the main criteria of the quality of an
integrated travel service.
2. Results
Most often, only elements of the quality management system are used
at enterprises of the tourism industry, and there is no systematic approach.
Creating a quality management system requires a strategic management
decision. The development and implementation of quality management
systems of entities of the tourism industry are inuenced by strategic goals
of the enterprises, the market situation, the needs of consumers for the
provision of quality services as well as other specic factors (Opolchenova,
2006).
On the basis of the authors’ previous scientic developments, the
following main indicators of the quality of a travel service can be determined:
purpose, ethics, comfort, technical quality, reliability, uniformity,
exclusivity, environmental friendliness, safety, and the like. The entire set
of indicators of the quality of a travel service can be grouped into main
groups that are presented in Figure 1.
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Vadym Baiev, Olena Karolop, Tetiana Mirzodaieva, Larysa Hopkalo y Tetiana Kolisnychenko
Legal tools and prospects of state regulation of the quality management system in the sphere of tourism
Figure 1. Indicators of the quality of a travel service.
Source: prepared by the authors.
The indicators of the purpose of a travel product characterize its
functional properties, for the implementation of which it is intended, and
determine the scope of its application. Purpose indicators describe the
components of a travel service, its expected eect, and are one of the main
areas of evaluating the activities of a travel organization. Purpose indicators
should determine the degree of compliance of the proposed service with
consumer expectations: indicators of consumer eciency, composition of
the proposed product, a set of quantitative indicators (journey duration, its
route, schedule, etc.).
In this group of indicators, tourism companies cannot compete with
each other. When a successful product appears (according to external
characteristics), other organizations quickly adopt the oer. It can be
concluded that the compliance of a travel product with the requirements
of purpose indicators is not a subject of competition. It is a necessary
condition for the start of competition, that is, the entry of travel enterprises
into this competitive environment. The behavior of a travel company in
this environment is determined by other indicators of product quality
(Mohamed, 2007).
Indicators of ethical quality characterize public opinion, the opinion
of tourists regarding the quality of tourist services and the possibility of
achieving the goal of the trip (Kudla, 2012). The value of the proposed travel
service includes the following aesthetic components: harmony, integrity of
the coverage of the travel program, compliance with social expectations,
level of skill of the service personnel.
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CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 777-789
Ethical indicators in general can be rate as social characteristics that
express the value of the oered service (Shvets, 2005). The group of
indicators that determine the ethical quality of a travel service is subjective
in nature, but it is a signicant addition to a balanced system of indicators
of the quality of a tourist product.
As a rule, the group of ethical indicators of the quality of a travel service
is divided into two subgroups: rationality and informativeness. The rst
subgroup includes indicators characterizing the functional compliance
of an integrated tourist product and the integrity of the perception of
the proposed program. The second subgroup of indicators includes the
elements of an integrated tourist product: originality, relevance of primary
information (Hudson et al., 2004).
The group of indicators of ethical quality is of decisive importance in
ensuring the competitiveness of a tourist product and the tour operator.
Compliance of a tourist product with ethical quality indicators requires
compliance with high executive, technological discipline and qualication
of the personnel and the appropriate organizational culture of the travel
enterprise (Komppula, 2006).
The group of comfort indicators includes anthropometric, physiological,
psychological, hygienic and other indicators that are of great importance for
consumers of an integrated tourist product. The requirements according
to these indicators are included in the composition of a tourist product,
its functional characteristics, elements of the construction of vehicles,
equipment and interior of hotels and restaurants, etc.
Anthropometric indicators characterize the compliance of equipment,
interior, rooms with the size and shape of human body and its individual
parts. Physiological and psychological indicators of a tourist service are
more closely related to the quality of excursions, their duration and the
provision with material resources for recreation and other needs of tourists.
Very often, specialists justify the competitiveness of their tour product by
the presence of additional excursions, not taking into account an increase
in the physical and psychological burden on the tourist (Shvets, 2005).
The group of technical quality includes patent law indicators (availability
of a license, certication of services), compliance of service conditions with
sanitary standards, compliance of accommodation categories with the level
of comfort of the hotel (Kuzyk, 2011). With this group of indicators, groups
of indicators characterizing reliability, environmental friendliness and
safety are organically connected.
Reliability indicators include guaranteed compliance with the terms of
the contract between a tour operator and a consumer of the tourist product,
the reliability of technical and other means used in the implementation
of tourist services. Reliability indicators cannot be contrasted with other
782
Vadym Baiev, Olena Karolop, Tetiana Mirzodaieva, Larysa Hopkalo y Tetiana Kolisnychenko
Legal tools and prospects of state regulation of the quality management system in the sphere of tourism
quality characteristics; however, without their observance, all other service
quality indicators lose their meaning. On the other hand, reliability becomes
a true indicator of quality only if it is combined with other characteristics of
tourist services (Butnary, 2009).
Safety indicators determine the degree of risk to life and health of
a tourist route, a type of tourist services, and the quality of measures to
neutralize them. Safety factors in tourism are classied by: injury safety;
environmental impact; re safety; biological inuence; psychophysiological
load; radiation and chemical exposure safety; industrial dustiness and gas
pollution; specic risk factors. As a rule, tourism within the country provides
higher security in comparison with trips to countries with signicant
cultural and religious dierences (Balashova, 2009).
Groups of indicators characterizing the uniformity and exclusivity of
an integrated tourist product determine the degree of use of standardized,
unied, original initial services in a specic service.
Standardized services include services performed according to
international, state and industry standards. Uniform services include
services that are provided according to enterprise standards and are used
in more than two tourist programs. The main indicators of uniformity are
the coecient of use and the value coecient of use:
- the coecient of use by component parts, which is determined
according to the formula:
(1)
where N pc. is the total number of initial composite services in the nal
tourist product;
N pc. e. is the number of exclusive components of initial services.
- the value coecient of use is determined according to the formula:
(2)
where Ctot. is the total cost of a service;
Ce. is the cost of exclusive services included in the nal product.
Uniformity indicators testify to a high quality of a tourist product, the
smoothness of the production process of service implementation, and the
eciency of the company’s production system (Baiev, 2013).
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CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 777-789
Exclusive services include services that are oered exclusively for this
integrated tourist product. Exclusivity is characteristic of the segment of
high-value tourist programs that do not t into the framework of the standard
oer. Exclusivity indicators reect the uniqueness and individuality of a
given tourist product (Komppula, 2006).
Environmental indicators characterize the state of the environment
in the regions of tourist travel. Currently, considerable attention is paid
to ecological tourism, and tourist ows to ecologically clean regions have
positive dynamics (Pazek and Rozman, 2010).
Indicators of all established groups of the quality of a tourist service
are ensured by the personnel of various entities of tourist activity, which
combine their eorts in the nal product, at the following stages of its life
cycle: marketing research, design of a new tourist service, technological
preparation of production, production (integration) of the service, control,
promotion and sale in the market, and customer service (Baiev, 2012).
A high quality integrated tourism product can be provided by a travel
enterprise with a sucient level of general management and personnel
management.
A quality system is understood as a set of organizational structure,
responsibilities, methods, processes and resources necessary for the
implementation of general quality management at a tourism organization.
The quality management system is intended for implementation at
tourist enterprises in order to ensure the quality of work and continuous
control of the compliance process of service provision. In most countries,
tourism enterprises are not certied based on the QMS (Quality Management
System). One of the reasons that is an obstacle to the implementation of the
QMS is the lack of a developed organizational and economic mechanism for
the implementation of quality management systems at travel enterprises.
In accordance with international standards, any system aimed
at ensuring the quality of services must meet a set of interacting and
complementary requirements.
Most often, tourism industry enterprises use only elements of a quality
management system in the absence of a systematic approach. Creating a
quality management system requires a strategic management decision.
The development and implementation of a quality management system
of a tourism industry entity (TIE) is inuenced by strategic goals of the
enterprise, the market situation, the needs of consumers for the provision
of quality services and other specic factors.
Summarizing their own scientic research and that of scientists on
quality management and quality management directly at enterprises of the
tourism industry, the authors developed a model of a quality management
784
Vadym Baiev, Olena Karolop, Tetiana Mirzodaieva, Larysa Hopkalo y Tetiana Kolisnychenko
Legal tools and prospects of state regulation of the quality management system in the sphere of tourism
system in the eld of tourism (Figure 2). The main structural elements of
a QMS (Quality Management System) in the eld of tourism are quality
management of tourism industry entities and the quality of tourist services.
Figure 2. Model of a quality management system in the eld of tourism.
Source: prepared by the authors.
Let us consider the main elements of the model of a quality management
system in the eld of tourism, which include state regulation of quality in
the eld of tourism, quality management of tourism industry entities and
quality of a tourist service.
The leading role in state regulation of quality in the eld of tourism is
played by the country’s legislation, which is the main factor in regulating
relations in the eld of product/service quality assurance.
External audit in quality management includes management actions
aimed at ensuring compliance of tourism industry entities with licensing
requirements of Ukraine and international standards.
Licensing means issuing, reissuing and canceling licenses, issuing
duplicate licenses, monitoring licensees’ compliance with license conditions,
etc. In the licensing process, certain licensing conditions and requirements
for licensees are provided, which provides for control over the quality of
services.
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CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 777-789
Quality management of TIEs should be understood as a combined
component of several principles and quality systems, such as principles
of TQM (Total Quality Management), ISO 9000 series standards, quality
policy and implementation of a quality model at an enterprise as well as
independent expert quality assessment - internal audit.
The ideology of the Total Quality Management system -- TQM, which
includes total quality management, quality assurance, quality policy,
quality planning and quality improvement, most eectively meets the
demands of the consumer market. In order to implement TQM at an
enterprise, it is necessary to carry out many dierent transformations that
will aect not only management processes, but also the mentality, attitude
to everything that happens on the part of all employees without exception.
The technology of a TQM system is represented by the ISO 9000 series
international standards.
ISO 9000 series is a series of international standards describing
the requirements for quality management systems of organizations
and enterprises. The ISO 9000 series standards emphasize continuous
monitoring by the organization of the requests and expectations of the
consumers for their full satisfaction. However, the ISO 9000 series
international standards establish neither a list of quality criteria and
indicators, nor procedures and methods for their evaluation, nor normative
values of service quality indicators.
In addition to external audit by state authorities and international
organizations, quality management of TIEs involves the implementation of
an internal audit system. A quality audit is a systematic and independent
assessment of a company’s quality, which can be subdivided into audits of:
quality system; process; service; product (Opolchenova, 2006).
The above-mentioned elements of quality management at enterprises of
the tourism industry indirectly aect the quality of tourist services.
The quality of tourist services is the most important factor in successful
operation of any travel company, which ensures a protected position in the
competitive environment and a high share in the market of tourist services
(Mangion et al., 2005).
The model of a quality management system in the eld of tourism
includes the third structural element: the quality of a tourist service
(Figure 2). The quality of a tourist service is characterized by the totality
of the components of the quality of all services provided and the culture of
providing the tourist service. The quality is expressed through a system of
indicators reecting various types of tourist service activities.
Management of the quality of tourist services is a process that includes
identifying the nature and scope of customer needs, assessing the actual level
786
Vadym Baiev, Olena Karolop, Tetiana Mirzodaieva, Larysa Hopkalo y Tetiana Kolisnychenko
Legal tools and prospects of state regulation of the quality management system in the sphere of tourism
of quality of the tourist services, developing, selecting and implementing
measures to ensure and control the planned level of quality.
In order to meet the needs of consumers, an integrated tourist service
should provide for high-quality provision of its main components (Figure
3). The main problem of high quality travel service is the choice of service
providers that make up the tour product by the tour operator.
Almost no travel enterprise is able to independently organize a tour,
provide its customers with all the necessary means of transport, provide
accommodation, organize catering, etc. For this, appropriate agreements
are usually concluded with specialized enterprises that provide the
above missing links in comprehensive service (Srivastava et al., 2012).
Such entities of the tourism industry include organizations that provide
accommodation, food, provision of specic and exclusive services, carry
out tourist transportation, provide tourist support and information support
services, etc.
Thus, a tourist enterprise in the market does not act in isolation, but
it is rather surrounded by and under the inuence of various factors and
subjects that make up its external environment. The relationships between
environmental subjects and a tourist enterprise are diverse and mutually
dependent; by the nature of their actions, they can have a direct impact on
the quality of its integrated tourist product and the competitiveness of the
tourist enterprise on the tourist market.
It is advisable to use the proposed quality criteria of an integrated tourist
service in managing a tourist company when evaluating the quality of a
tourist product. The universal SERVQUAL technique or its improved version
SERVPERF is used to determine quantitative evaluation parameters. They
provide an opportunity to assess the quality of an integrated service from
the point of view of a consumer of the tourist product. In addition to the
mentioned method, the proposed quality criteria of an integrated tourist
service can be used in calculation according to the method of the Customer
Satisfaction Index (CSI), developed by specialists of the Stockholm School
of Economics. This index is calculated based on the method of personal
interviews (Kovalenko, 2010). The indicators shown in Figure 3 make it
possible to use this quantitative method in managing a travel company.
In recent years, separate scientic works have appeared in the
international literature, which analyze the inuence of the state of the
infrastructure and resources of tourism on the possibility of providing a high-
quality integrated tourist product. In the analysis of the competitiveness of
tourism and travel, conducted annually by the World Economic Forum, the
following quality indicators are considered: the quality of air, rail and land
transport networks, the quality of port infrastructure, the quality of roads,
the quality of the natural environment, etc.
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CUESTIONES POLÍTICAS
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However, in the literature available to us, no publication was found
devoted to the analysis of the infrastructure and resources of the tourism
sector of many countries, especially those of South America, the African
continent and most of the Asian countries, from the perspective of the
industry’s ability to provide high quality tourism services.
Conclusions
Theoretical and methodological analysis of the modern paradigm of
quality management allows us to conclude that quality improvement acts
as a leading condition for the intensication of economic development,
an increase in the eciency of production processes and an increase in
labor productivity, as well as for ensuring competitiveness in the global
and domestic market. The problem of quality in most countries with a
developed economy is considered as a problem that has a national nature.
This approach is universal, has no alternative and allows the application
of basic theoretical-methodological and applied principles developed by
scientists in the formation of a quality management system in the tourism
sector.
The research of this paper made it possible to propose a model of a
quality management system in the eld of tourism, which has three main
structural elements: state regulation of quality in the eld of tourism;
quality management of tourism industry entities and the quality of tourist
services. Quality management of tourism industry entities is implemented
through the following tools: enterprise quality policy; quality model,
voluntary certication according to ISO standards, implementation of
TQM principles and internal quality audit. The quality of a tourist service is
implemented through quality criteria and indicators.
This publication singles out and characterizes the concept of the system
of criteria and indicators of the quality of tourist services. It is substantiated
that the system of quality indicators of a tourist product includes purpose
indicators; ethical and environmental indicators; indicators of comfort,
technical quality, reliability, exclusivity, uniformity and safety. The above-
mentioned indicators are interconnected, mutually conditioned and ensured
by the personnel of various subjects of the tourism industry, whose actions
are distinguished administratively, geographically and in time. Promptly
received and processed information based on the above indicators is an
eective tool for managing the quality of a complex tourist product.
The system of quality criteria for an integrated tourist service, which
consists of a set of quality systems for hotel services, food services,
transport services, tourist and excursion services, information support, and
the assortment of specic services, has been concretized. It is expedient
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Vadym Baiev, Olena Karolop, Tetiana Mirzodaieva, Larysa Hopkalo y Tetiana Kolisnychenko
Legal tools and prospects of state regulation of the quality management system in the sphere of tourism
to use the proposed quality criteria of an integrated tourist service in the
development of an economic and organizational mechanism for quality
management in the eld of tourism, the implementation of an external
audit of the activities of tourism industry entities and the management of
tourism rms.
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