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Leskiv, H., Panteleiev, M., Lesyk, N., & Blaga, N. (2024). Modern environmental, economic, and legal challenges of tourism
enterprises. Social & Legal Studios, 7(3), 148-158. doi: 10.32518/sals3.2024.148.
Modern environmental, economic,
and legal challenges of tourism enterprises
Suggested Citation Article’s History: Received: 27.05.2024 Revised: 28.08.2024 Accepted: 25.09.2024
*Corresponding author
Halyna Leskiv*
PhD in Technical Sciences, Associate Professor
Lviv State University of Internal Affairs
79007, 26 Horodotska Str., Lviv, Ukraine
https://orcid.org/0000-0002-4900-9466
Mykyta Panteleiev
Postgraduate Student
Lviv State University of Internal Affairs
79007, 26 Horodotska Str., Lviv, Ukraine
https://orcid.org/0000-0002-3305-8634
Nazarii Lesyk
Postgraduate Student
Lviv State University of Internal Affairs
79007, 26 Horodotska Str., Lviv, Ukraine
https://orcid.org/0000-0001-8116-5373
Nataliya Blaga
PhD in Economic Sciences, Associate Professor
Lviv State University of Internal Affairs
79007, 26 Horodotska Str., Lviv, Ukraine
https://orcid.org/0000-0001-9433-9459
Abstract. Choosing the best strategy for the functioning of a tourism enterprise is a considerable factor that aects
its safety and development. Such choices depend on a considerable number of variables, including environmental,
economic, and legal challenges, which are exacerbated by the hyper-dynamic environment. The purpose of this study
was to develop a methodical approach to evaluating the strategies of functioning of a tourism enterprise. The key
research methods were the expert analysis method, which helped to determine the impact of certain challenges, and
the BOCR method, which formed the basis for modelling. The study created a model for evaluating the proposed two
variants for the strategy of functioning of a tourism enterprise according to the four BOCR criteria: positive eects,
costs, opportunities, and risks of environmental, economic, and legal nature. Thus, it was possible to create a basis for
building an information framework for the development and implementation of an optimised strategy that will satisfy all
the environmental, economic, and legal needs of the modern tourism industry. It was found that martial law in Ukraine
leads to an increase in the dynamism of the external environment, wherein an adaptive approach allows such open socio-
economic systems as modern tourism enterprises to function safely. The study found that the best strategy for tourism
enterprises as of 2024 is a dynamic adaptive one, which involves dynamic actions and allocation of own resources for
the development of domestic tourism with the expansion of international corporate cooperation and partnership. The
study described how the proposed strategy of operation aects the legal security of tourism enterprises. The practical
value and signicance of the ndings obtained is that the proposed methodological approach to assessing the strategies
of functioning of a tourism enterprise can be used by the subjects of both economic and legal security, which include the
management of the enterprises themselves and persons making managerial decisions in the eld of ensuring their security
Keywords: strategy choice; environmental dynamics; environmental and economic aspects; martial law; project
management; legal security
Copyright © The Author(s). This is an open access Article distributed under the terms of the
Creative Commons Attribution License 4.0 (https://creativecommons.org/licenses/by/4.0/)
UDC 330.346
DOI: 10.32518/sals3.2024.148
Соціально-правові студії. 2024. Т. 7, № 3
Social & Legal Studios. 2024. Vol. 7, No. 3
149
H. Leskiv et al.
economic and mathematical model of cash ows. The re-
searchers’ approach helps to optimise nancial results and
develop eective management strategies that accommo-
date the specics of the region and customer needs.
С.Aldaoet al.(2021) considered the specics of crisis
management modelling and the impact of the crises of the
21st century on tourism, specically the COVID-19 pandem-
ic. The researchers emphasised the signicance of rapid ad-
aptation to crisis conditions and the development of exi-
ble management strategies to change operational plans in
response to unforeseen events. M.A.Bhuiyanet al.(2021)
analysed research on tourism, the economic crisis and loss
mitigation processes, considering the situation before, dur-
ing, and after the pandemic. The researchers pointed to the
need to develop long-term strategies to minimise losses and
restore the tourism sector after crisis episodes. P. Popek
Biškupecet al. (2022) joined the discussion on macropru-
dential measures to mitigate the impact of such crises on
tourism. Their study examined regulatory and policy initi-
atives that can be leveraged to stabilise the tourism market
in times of economic uncertainty. Y.Yanget al.(2020) ap-
plied a dynamic stochastic general equilibrium modelling
approach to the analysis of the pandemic, which allowed
them to investigate the interaction between tourism and
the spread of infectious diseases. This study is important
for understanding how various economic factors can aect
not only the tourism industry itself, but also its customers.
Thus, it can serve as a basis for the development of preven-
tive strategies in the industry.
All the studies cited above have in common that they
are irrelevant today for Ukrainian tourism businesses, which
managed to adapt to the post-pandemic conditions but were
not ready for wartime conditions. O.Sylkinet al.(2023) in-
vestigated the impact of international tourism on regional
sustainable development using a methodological approach
to eciency improvement. Their methods and conclusions
were aimed at developing strategies for managing tour-
ism enterprises in crisis regions where active hostilities
are taking place. F.A.F.Alazzamet al.(2023a; 2023b) and
H.J.M.Shakhatreh(2024) analysed the management of the
state environmental management system in the context of
commercial bioeconomy development. The studies focused
on the signicance of environmental aspects in strategic
planning, which is key in wartime to minimise negative
environmental impact and preserve natural resources.
The conducted literature review on the subject un-
der study suggests that there are understudied aspects,
including the dynamics of changes in tourism strategies.
While the existing literature covers strategic management
in the tourism industry, it often does not focus on how
these strategies adapt to hyper-dynamic environments,
especially those aected by acute geopolitical or envi-
ronmental shocks, such as the situation in Ukraine as of
2024. Most studies ignore a sizeable share of environmen-
tal, economic, and legal problems of strategic planning of
tourism enterprises.
Based on the results of the analysis of scientic litera-
ture on the development of tourism enterprises, the follow-
ing purpose of the study was formed to develop a meth-
odology for evaluating the strategies of functioning of a
tourism enterprise in a hyperdynamic environment.
Introduction
Since the events of 24February2022, the issue of secu-
rity in Ukraine has been considered in many ways, both
at the level of an individual enterprise and at the level of
the state. The political and economic situation in Ukraine
has undergone rapid changes, making security aspects
that were previously less important almost critical. Strong
shocks were felt at all levels: economic, legal, and envi-
ronmental. Businesses have had to adapt to a new legal
environment where typical contractual obligations have
been abandoned for reasons of national security. Intense
pressure on the legal security of businesses has led to in-
creased government control and monitoring of business
activity. However, while these measures were important
from a national security perspective, they introduced
uncertainty and restrictions for businesses, jeopardising
their ability to act in line with forecasts. This was espe-
cially noticeable for the tourism industry, which is di-
rectly involved in operations abroad. New challenges and
threats have emerged that have had a substantial impact
on the activities of every open socio-economic system, in-
cluding enterprises. Various businesses have been aected
by the hyper-dynamic environment in diverse ways, but
the tourism industry has experienced the most catastroph-
ic problems. Under martial law, problems with the stabil-
ity of businesses and the safety of tourists have increased.
As of the beginning of 2024, there were no public-private
partnerships in the tourism sector in Ukraine, as the state
focused on ensuring national security. The functioning of
tourism enterprises depended on their ability to ensure
their existence. This required the development of new
strategies that would not only optimise their operations,
but also nd new opportunities for development. Thus,
there was a need for an adaptive strategic approach that
would consider the critical components of the functioning
of any tourism enterprise: ecology, economics, and law.
B.C.Ibanescuet al.(2018) analysed the impact of tour-
ism on sustainable rural development in Romania. The re-
searchers point out that tourism can contribute to econom-
ic growth and social development, but also poses risks to
the natural environment and local cultures. The research-
ers employed quantitative methods to assess the impact of
tourism activities on environmental sustainability and of-
fered recommendations for implementing sustainable prac-
tices in tourism, i.e., attracting regular customers. Y.Ko-
zaket al.(2019) focused on the development of a strategy
for the integrated development of tourism enterprises. The
researchers investigated the methods of strategic analysis
and planning that can be used to ensure the harmonious
development of the tourism industry, specically through
integration with other sectors of the economy.
Notably, when investigating the tourism industry, one
should consider various socio-political, socio-econom-
ic, and environmental challenges that aect the choice
of functioning strategies. According to V. Lagodiienkoet
al. (2022), it is environmental challenges that have the
most signicant impact. Therefore, the researchers ana-
lysed how environmental initiatives can be integrated into
the business models and development strategies of tourism
enterprises, aecting their economic attractiveness and
social responsibility. O. Svatiuk et al. (2023) addressed
the management of a rural tourism cluster based on an
150
Modern environmental, economic, and legal challenges of tourism enterprises
Materials and methods
Fullling the stated purpose of the study required the
use of various analysis methods. The method of expert
evaluation requires the most attention. An essential com-
ponent of the methodology was the involvement of a
group of 30experts from Ukraine in the elds of tourism
management, ecology, economics, and law. The sample
was formed based on reading the biographies of the re-
spondents, which are freely available. The selection crite-
ria were based on their experience, contribution to their
respective elds of operation, and the use of innovative
approaches to solving complex problems related to the op-
eration of tourism enterprises. The experts were contacted
via online meetings in the format of video conferences,
which provided a series of structured interactive sessions.
This digital format helped to achieve wide geographical
representation and exibility, ensuring a comprehensive
contribution to the overall result. The Delphi method
was also used as a structured and eective communica-
tion technique that is particularly well-suited to handling
complex issues where subjective assessments are required.
This integrative multi-round method helped to clarify the
opinions of experts. Each round consisted of a question-
naire, and subsequent rounds were adapted according to
the answers from the previous session.
Using a questionnaire as the main data collection tool,
the rst round included open-ended questions aimed at
identifying the main challenges and opportunities facing
tourism enterprises in the context of environmental and
economic changes and legal restrictions. The questions in-
cluded the following: “What are the main environmental
challenges aecting your business?”, “What legal changes
have the greatest impact on your business?”, and “What
adaptation strategies do you consider to be the most ef-
fective in the current hyper-dynamic environment?”. In
subsequent rounds, the questions became more specic
and focused on clarifying the answers provided in the pre-
vious round to elaborate on the themes that emerged. The
survey was conducted following the rules and provisions
of the European Commission Guidance Note on Ethics and
Data Protection(2021). All respondents were informed of
the purpose of the study, the risks involved, and how their
anonymity would be ensured.
To prioritise the strategies and assess their relative
importance using several criteria, the BOCR method was
applied, which should be understood as an assessment
of the following factors: the relative environmental, eco-
nomic, and legal advantages of one strategy over another;
the possibilities of environmental, economic, and legal
action; the dierent forms of costs for developing com-
parative strategies; and the environmental, economic, and
legal risks posed by each strategy. Therefore, each strate-
gy (“S”) was assessed against these four criteria to reect
the global impact of potential consequences. The experts
used their industry knowledge and insights gained from
the Delphi rounds to rank the strategies against each of
the BOCR criteria. This approach helped to identify and
choose the strategy that ts best in a hyperdynamic en-
vironment. Therewith, for further analysis and formation
of the relevant comparison tables, a scale from 1 to 9 was
used. Where at 1 the objects of comparison are equivalent,
and at 9 one is absolutely superior to the other.
In the study of the legal aspect of the problem, the
regulations of Ukraine were examined, including the Law
of Ukraine No.324/95-ВР “On Tourism”(1995), which de-
nes the legal framework for regulating tourism activities,
as well as the norms on the safety and quality of tourism
services, the Law of Ukraine No.2469-VIII “On National Se-
curity of Ukraine”(2018) and the Law of Ukraine No.389-
VIII “On the Legal Regime of Martial Law”(2015), the Draft
Law of Ukraine No.4162 “On Amendments to the Law of
Ukraine “On Tourism” and Some Other Legislative Acts
on the Basic Principles of Tourism Development”(2020).
Thus, the study employed formal legal analysis and ana-
lysed the sources that, as of 2024, directly aect the func-
tioning of tourism enterprises in Ukraine.
Results
According to Article1 of the Law of Ukraine No.324/95-
ВР “On Tourism”(1995), tourism is a temporary depar-
ture of a person from the place of residence for recreation-
al, educational, professional, business, or other purposes
without carrying out paid activities. As noted above, tour-
ism in Ukraine is in a deep crisis. The decrease in the
number of operating tourism businesses in 2020 can be
explained by a series of factors, but most of them were
caused by the COVID-19 pandemic. First of all, the imple-
mentation of severe restrictions on international and do-
mestic tourism has led to a substantial decline in demand
for tourism services. From a legal standpoint, the main
measures were restrictions on international travel, includ-
ing border closures, entry bans for foreign tourists, and
quarantine or self-isolation for arriving citizens of other
countries. Domestically, the government has imposed re-
strictions on the movement of people between regions,
and limited the operation of public places, including ho-
tels, restaurants, and tourist attractions. Thus, one of
the key regulations that governed restrictions in Ukraine
during the COVID-19 pandemic was the Resolution of the
Cabinet of Ministers of Ukraine “On Prevention of the
Spread of Acute Respiratory Disease COVID-19 Caused
by the Coronavirus SARS-CoV-2 in Ukraine”(2020). This
resolution introduced the “Temporary Recommendations
on the Organisation of Anti-Epidemic Measures”, which
established quarantine and other restrictive measures
throughout Ukraine. Businesses were forced to cease op-
erations due to restrictions on the movement of people
and reduced nancial capacity of customers. During the
period of martial law in Ukraine, the number of tourism
businesses declined further. The martial law has led to
uncertainty in the country, which has resulted in a decline
in the condence of both local and foreign tourists in the
tourism sector. This inuenced the decision of entrepre-
neurs to open tourism businesses (Fig.1).
151
Social & Legal Studios, Vol. 7, No. 3
Restrictions on international and domestic tourism
have led to a sharp decline in sales and services, which
has directly aected businesses’ revenues. Consequently,
according to the State Statistics Service of Ukraine(2023),
many tourism businesses have been forced to cut costs, in-
cluding sta reductions and marketing spending, to main-
tain nancial sustainability. This resulted in a decrease in
the eciency of operations and aected the overall prot-
ability of the companies, leading to a decrease in net prot.
The sharp decline in tourist demand caused by the escala-
tion of hostilities and the decline in overall economic ac-
tivity resulted in large amounts of uncovered losses. Tour-
ism businesses have faced signicant costs in maintaining
safety for sta and guests in the face of instability and the
threat of conict. Furthermore, the war has resulted in loss-
es for tourism businesses due to a decline in tourist ows,
restrictions on access to certain regions, and a decline in
condence in travel safety overall.
Thus, there is a need for new strategies for the func-
tioning of tourism enterprises in such complex hyper-dy-
namic conditions:
S1. Static adaptive strategy. It involves the adaptation
of a tourism enterprise to changes in the environment, but
with a greater emphasis on maintaining stability and a con-
servative approach to change. The focus of this strategy is
to respond quickly to concrete challenges and circumstanc-
es, but without pronounced changes in the strategic vectors
of the business. For instance, such an enterprise can quick-
ly change its marketing strategies or range of services in
response to unforeseen events, but it stays within the over-
all strategic business line.
S2. Dynamic adaptive strategy. It implies a more active
response to changes in the environment and readiness for
considerable changes in strategic vectors. It is based on a
continuous analysis of external factors, trends, and consum-
er needs. A tourism company that chooses this strategy ac-
tively experiments with innovative ideas, products, and mar-
kets, discovering new opportunities and responding quickly
to challenges. A key element of this strategy is exibility and
the ability to quickly resolve and respond to problems.
Typically, tourism businesses strive for stability and
safe development, trying to minimise risks through con-
servative planning and forecasting. However, in modern
hyper-dynamic environment, especially with increased
environmental, economic, and legal challenges, such ap-
proaches may not be suciently eective. The proposed
strategies represent a more expressive form of exibility: a
static adaptive strategy provides a quick response to current
challenges without radical changes in the strategic course,
while a dynamic adaptive strategy opens the way for sub-
stantial changes in strategic vectors and rapid adaptation to
new market conditions and opportunities, which allows for
a more eective response to the complexities of a hyper-dy-
namic environment. Considering the two given variables (in
this case, strategies), one need to determine the optimum
one. The BOCR method was applied, which, through 4envi-
ronmental, economic, and legal criteria, will make this task
possible (Fig.2).
Figure 1. Key performance indicators of Ukrainian tourism enterprises
for two periods of major crises (COVID-19 pandemic and martial law)
Source: calculated according to data from the State Statistics Service of Ukraine(2023)
800.0
600.0
400.0
200.0
0.0
-200.0
-400.0
-600.0
-800.0
-1,000.0
-1,200.0
-1,400.0
million
UAH
14,000
12,000
10,000
8,000
6,000
4,000
2,000
0
2019 2020 2021 2022 2023
Operating tourism
enterprises in Ukraine, units 11,576 10,520 11,004 8,429 7,254
Financial performance
(net pro t/covered loss), 11.1 126.2 589.4 -1126.4 -463.9
UAH million
units
152
Modern environmental, economic, and legal challenges of tourism enterprises
According to the BOCR method, the B criterion includes
three main aspects: compliance with economic security
goals, compliance with environmental policy, and legal se-
curity. These criteria are aimed at determining the potential
of the strategy to achieve economic goals while following the
environmental standards and requirements that are key to
the sustainable development of the tourism industry. In ad-
dition, ensuring that all transactions follow the legal norms
is fundamental to maintaining legality and strengthening the
legal security of the enterprise, which aects its reputation
and customer condence. The O criterion assesses the poten-
tial of the strategy to bring innovative solutions or products
that may dier from traditional approaches and oer new
opportunities for security development and customer en-
gagement. Therewith, the C criterion covers the direct costs
of implementing the strategy, including the costs of resourc-
es, technology, infrastructure, etc. Notably, the R criterion
implies potential legal challenges, such as non-compliance
with the law, lawsuits, nes, and other legal threats to the
company’s operations.
Thus, as with the strategies, all the criteria were deter-
mined based on the personal experience of the authors of
this study and expert opinion. Next, a direct and clear mod-
elling objective was formed, and the advantages of which
strategy were determined according to each BOCR criterion.
Therefore, the comparison was made according to the fol-
lowing equality:
∗(−1)
2
, (1)
where p is the number of cases at the same level (in this case,
according to each of the BOCR criteria); 2 is the number of
variables, namely strategies (S1, S2). The comparison results
are presented in Table1.
B (Benefits) O (Opportunities)
B1
(Compliance with (Envir
B2
o
nmental
policy compliance)
(L
B
e3
g
al O1 O2 O3
(Level of (Level of eco- (Legal
economic security
objectives) security) novelty) efficiency) perspective)
S1 S2 S1 S2
С (Costs) R (Risks)
C1 C2 C3
(Material costs) (Legal security (Environmental (InfoR1
rm
ation (EnvirR2
on
mental R3
(Legal risks)
costs) costs) risks) risks)
S1 S2 S1 S2
Figure 2. Model of criteria for comparison using the BOCR method
Source: created by the authors of this study
Table1. Comparison results by three indicators for each of the BOCR criteria
Source: created by the authors of this study
Next, in equation (1), it is necessary to introduce the
variable n, which implies the number of criteria, i.e., it is
necessary to compare two strategies for each of the BOCRs
(B1–B3; O1–O3; C1–C3; R1–R3). As a result, the following
inequality was obtained:
n* ∗(−1)
2
, (2)
where n is the number of criteria that necessitated the
comparison of three pairs of objects. Next, the results
of the comparison of the adaptive strategy of the tour-
ism enterprise proposed by the experts in relation to all
12BOCR criteria (three for each, according to gure 2)
were formed (Table2).
B O
CR
1 2 1/7
1/2 1 1/8
781
1 1/3 2
3 1 3
1/2 1/3 1
1 2 1/8
1/2 1 1/7
871
1 1/6 1/5
6 1 2
5 1/2 1
153
H. Leskiv et al.
The nal stage is to establish the weight of the proposed
strategies through utility. For this, the following calculations
need to be performed:
U=∑∗
=1
, (3)
where w is the relative importance of the criterion; uij is the
geometric mean of the elements of each row. To perform
these calculations, it is necessary to determine the value of
w, i.e., the priority, and u, the relative weight of alterna-
tive strategies. While the latter can be obtained from the
fractional values in Tables2 and 3, w needs to be discussed
in greater detail. To calculate the priority, the following
equality (4) should be fullled:
wi= …….
…….
, (4)
where aim is precisely the element i of row j of the column of
the matrices presented in Tables2 and 3. Thus, omitting the
intermediate volumetric calculations, the solution to prob-
lem (4) can be presented in the form of Table3.
Table2. Results of comparing adaptive strategies of functioning of a tourism enterprise in relation to all BOCR criteria
Source: created by the authors of this study
B1 B2
B3
O1 O2
O3
C1 C2
C3
R1 R2
R3
1 1/2
2 1
1 1/8
8 1
1 1/5
5 1
1 1/7
7 1
1 1/5
5 1
1 1/8
8 1
1 2
1/2 1
1 4
1/4 1
1 3
1/3 1
1 1/4
4 1
1 1/6
6 1
1 1/9
9 1
Table3. Calculation of the priority vector for each of the BOCR criteria
Source: created by the authors of this study
B O
CR
0.05
0.65
0.3
0.15
0.05
0.8
0.3
0.6
0.1
0.14
0.1
0.75
The next step is to calculate the utility and optimality
for each of the proposed adaptive strategies. The result is
presented in Table4. Therefore, a dynamic adaptive strate-
gy for the functioning of tourism enterprises in Ukraine will
be the most optimal. BOCR is a framework that considers
the main aspects of strategic management and planning.
Thus, in a hyper-dynamic environment, where changes
occur quickly and unexpectedly, a exible strategy allows
an enterprise to be more adaptive and respond quickly to
changes in market conditions, technological and econom-
ic trends. It is a dynamic adaptive strategy that allows an
enterprise to respond more quickly to new opportunities,
thereby providing an advantage over competitors who may
be less exible in their actions.
154
Modern environmental, economic, and legal challenges of tourism enterprises
The key to a dynamic adaptive strategy is the optimisa-
tion of service delivery processes, which is an essential ele-
ment of a successful tourism enterprise. This should include
improving service technology, enhancing service quality, re-
ducing customer waiting times, and ensuring customer satis-
faction at every stage of the journey or holiday. Notably, pro-
ject management should be implemented through a dynamic
adaptive approach. Eective project management is key to
the successful implementation of initiatives and achievement
of goals. Project management enables businesses to eective-
ly plan, execute, and monitor various initiatives and projects
aimed at improving operations and developing their business:
Environmental aspects include sustainable development,
minimising environmental impact, and developing ecotour-
ism. Integration of sustainable development principles into all
aspects of the business, including the use of eco-friendly ma-
terials, waste reduction, energy saving, and the use of alter-
native energy sources. Minimisation of the impact on nature
means developing routes and programmes that reduce the
impact of tourism activities on natural resources and ecosys-
tems. Ecotourism development should consider the develop-
ment and promotion of ecotourism products that support na-
ture conservation and engage local communities in tourism.
The economic aspects of an adaptive strategy include
diversication of services, digital transformation, and pric-
ing exibility. These aspects include the introduction of new
services that can attract dierent target groups and markets,
especially in an uncertain environment, the use of digital
technologies to improve customer experience, optimise man-
agement and marketing processes, and adapt pricing strate-
gies to changes in the economic environment, using dynamic
pricing and personalised oers.
Legal aspects include compliance with international and
local legal standards. Continuous monitoring and adaptation
to changes in legislation relating to the tourism industry,
specically in the areas of environmental protection, labour
relations, and consumer protection. Changes in legislation,
especially in the context of globalisation, require careful
monitoring and rapid adaptation to new requirements. This
includes environmental regulations that dene environmen-
tal safety standards, consumer protection regulations that
aect customer relations, and labour law regulations that
govern relations with employees. Failure to follow these reg-
ulations may result in substantial nancial penalties, legal
claims, or loss of reputation, which will adversely aect the
stability and development of the company. Therefore, to en-
sure legal security, tourism enterprises should develop an
internal control and audit system that will allow them to
promptly identify risks of non-compliance with the law and
take measures to eliminate them. Special attention should be
paid to the Law of Ukraine No.2469-VIII “On National Secu-
rity of Ukraine”(2018), which regulates the issue of organic
production, which is vital for tourism enterprises oering
food and goods of organic origin.
In this context, it is important to follow the Law of
Ukraine No.324/95-ВР “On Tourism”(1995), which denes
the legal, economic, and social framework for tourism ac-
tivities and establishes norms aimed at developing and sup-
porting the tourism industry in the country. Failure to follow
these laws could result in considerable legal consequences,
including nancial penalties and lawsuits, which could ad-
versely aect the business. For instance, Article 33 of the
Law of Ukraine No.324/95-VR “On Tourism”(1995) man-
dates that a tourism entity that has violated the legislation
in the eld of tourism activities in the provision of a tourism
service that caused damage shall be obliged to compensate
the tourist for the damage in full, unless the contract or law
prescribes compensation in a smaller or larger amount. But
alongside this, Article12 should also be considered, which
indicates the measures that the state can take to support the
tourism industry, including nancing, tax incentives, and
infrastructure development. Knowing and using these pro-
visions can help tourism businesses plan their activities and
use the opportunities oered by the state. Following these
articles and exercise of constant monitoring of their changes
is critical to prevent legal risks and ensure the sustainable
development of the enterprise in the tourism sector.
Therewith, the adaptive strategy will consider the Euro-
pean vector of Ukraine’s development, the implementation
of which is mandated by the Resolution No.1106 “On the
Implementation of the Association Agreement between the
European Union and its Member States, of the one part, and
Ukraine, of the other part”(2017). According to this docu-
ment, the state should take measures to develop a general
strategy for the development of the tourism business, with a
special focus on the development of rural green tourism and
agro-recreational areas, as well as the development of other
resort areas by 2026. The need to consider these obligations
in current legislation prompted the drafting of new tourism
legislation. As a result of the objective necessity dictated by
the stagnation of the Law of Ukraine No. 324/95-VR “On
Tourism”(1995), its inconsistency with environmental and
legal realities, the European integration course and trends in
the tourism business, Ukrainian legislators created the Draft
Law of Ukraine No. 4162 “On Amendments to the Law of
Ukraine “On Tourism” and Some Other Legislative Acts on
the Basic Principles of Tourism Development”(2020). Thus,
Article26 of the Draft Law states that tourism enterprises
must ensure that they minimise or eliminate harmful im-
pacts on the environment and socio-cultural environment
and compensate for the damage caused to them.
However, this document does not dene such actions,
which creates room for dierent interpretations, and, as
noted by O.Hafurova and S.Holub(2022), this draft does
not provide ways to follow such principles. The situation
could be improved by the creation of relevant targeted pro-
grammes that would set clear criteria for improving environ-
mental safety. The current Tourism and Resort Development
Table4. The weight of the proposed adaptive strategies for the functioning of a tourism enterprise
UWeight according to BOCR
B O CR
U1 0.2 0.1 0.3 0.1
U2 0.8 0.9 0.7 0.9
Source: created by the authors of this study
155
Social & Legal Studios, Vol. 7, No. 3
Strategies for the Period up to 2026(2017) mandates state
monitoring of the environmental state and natural therapeu-
tic and recreational resources, as well as physical factors at
resorts, tourist areas, and places of recreation. This means
that businesses need to consider the environmental risks
posed by their activities and carefully monitor their compli-
ance with environmental legislation. In this regard, further
legislative work could be aimed at ensuring the implemen-
tation of such documents as the Chengdu Declaration on
‘Tourism and the Sustainable Development Goals’(2017).
Procuring the necessary licences and certicates that
may be required for new activities or products, especially
those related to ecotourism and sustainable development,
is also a necessary component of the proposed adaptation
strategy. For example, in the eld of ecotourism, where the
emphasis is on the sustainable use of natural resources and
biodiversity conservation, licensing is a guarantee that the
company’s activities follow all environmental standards
and regulations. Certication, for its part, helps to conrm
the quality of services and products, providing businesses
with a competitive advantage and opening access to new
markets. Certied products and services inspire more trust
among consumers and partners, which contributes to busi-
ness growth and geographical expansion.
Legal protection of intellectual property in the tourism
industry plays a key role in ensuring a competitive advan-
tage. Protecting innovative ideas and products through pat-
ents, copyright, and trademarks allows tourism businesses
to ensure that their innovations are properly protected.
Copyright and trademark registration plays a vital role in
protecting unique tourism products, such as special tours or
promotional materials. The active use of intellectual prop-
erty tools not only protects innovation but also stimulates
additional investment in research and development. For in-
stance, a properly executed copyright for unique itinerar-
ies and a patent for innovative travel organisation methods
can not only provide protection against copying, but also
become a source of passive income through licensing. This
protection is crucial in cases where other companies try to
use other people’s innovations without permission, ensuring
that original ideas stay protable for their creators.
Thus, the modelling reveals a comprehensive methodo-
logical approach to choosing the best strategy for the func-
tioning of tourism enterprises, considering environmental,
economic, and legal challenges, in the context of the hy-
per-dynamic environment in which Ukraine is located as a
result of martial law. This approach correlates with recent
research in the eld of tourism and security development.
For a better understanding, the ndings of this study must
be compared with analogous results. For example, S. Can-
diaet al. (2020) focused on the integration of the capacity
methodology into strategic tourism plans. While this reects
the environmental component, the approach proposed in the
present study further extends the analysis by adding both
economic and legal factors. F.Fafuridaet al.(2022) demon-
strated the signicance of public participation, i.e., consid-
ering socio-legal challenges specically. To some extent, this
complements the ndings, showing that domestic resources
and public participation are critical for tourism develop-
ment, especially in developing regions. S.Kryshtanovychet
al.(2020) has a comparable optics, wherein the attitude of
the enterprise’s personnel to management decisions is inves-
tigated as a factor. However, the lack of consideration of the
dynamism of the external environment and environmental
and economic challenges is also notable. N.Rushchyshynet
al.(2021) considered the regulatory and legal aspects of the
nancial security of the state, which complements the above
analysis of legal challenges aecting tourism enterprises
during martial law. Overall, the proposed methodological
approach to analysing the strategies of tourism enterprises is
distinguished by the use of dynamic adaptation to respond
to rapid changes, considering the environmental, econom-
ic, and legal challenges. This helps not only to respond to
current challenges but also to actively use opportunities for
the safe development of domestic and international tour-
ism. Therewith, it is worth supporting the conclusions of
O.Hafurova and S.Holub(2022), who noted that Ukraine
does not have an eective legal mechanism for compliance
with international standards in the eld of tourism and the
Draft Law of Ukraine No.4162 “On Amendments to the Law
of Ukraine “On Tourism” and Some Other Legislative Acts
on the Basic Principles of Tourism Development” (2020)
does not fully meet European requirements.
S. Schuhbauer and A. Hausmann (2022) and
O.Cherneghaet al.(2022) investigated the role of informa-
tion and communication technologies in cultural institutions
in rural areas, emphasising a resource-theoretical approach
based on interviews. While their research focuses on the in-
troduction and use of information and communication tech-
nologies (ICT) to improve visitor experience and operation-
al eciency, the present study extended this to a broader
strategic level, highlighting the need for a dynamic adaptive
strategy in the tourism sector. In doing so, the approach
presented in this study emphasised the integration of ICT
as part of a broader strategic framework that addresses not
only technological adaptation but also environmental, eco-
nomic, and legal issues, demonstrating a holistic response to
the hyper-dynamic pressures faced by modern tourism busi-
nesses. Compared to the study by O.Vovchaket al.(2022),
which modelled the impact of the COVID-19 pandemic on
the nancial and economic activities of tourism enterprises,
the present study additionally examined the adaptive capa-
bilities of these enterprises. The researchers describe the im-
mediate nancial strategies being implemented to mitigate
the eects of the pandemic. However, the researchers con-
sidered the long-term strategic adjustments needed to thrive
in an uncertain environment. By examining both the BOCR
framework (benets, costs, opportunities, and risks) and the
concrete context of martial law in Ukraine, the ndings of
the present study suggest that strategic exibility, especially
in developing domestic tourism and expanding international
cooperation, is crucial.
Conclusions
The present study developed a methodical approach to eval-
uating variants for a strategic approach to the functioning
of tourism enterprises in the context of hyper-dynamism.
The focus was on environmental, economic, and legal as-
pects. Therefore, according to the BOCR modelling method-
ology, each criterion included an environmental, economic,
and legal factor, respectively. It was proved that due to the
increasing dynamism of the external environment, only an
adaptive strategy can ensure the eective functioning of a
tourism enterprise. As a result, it was found that the dynam-
ic form of adaptive strategy is the best in the context of the
current functioning of tourism enterprises. The modelling
156
Modern environmental, economic, and legal challenges of tourism enterprises
provided the necessary information basis for strategic plan-
ning in the system of ensuring the ecological, economic, and
legal security of a tourism enterprise in the context of a
hyper-dynamic environment.
The proposed methodological approach to evaluating
strategies has practical application for the management
of tourism enterprises and other stakeholders in the tour-
ism industry. The proposed strategy, focused on dynamic
adaptability and intensication of domestic tourism with
the simultaneous expansion of international cooperation,
is aimed at counteracting external challenges and chang-
es, specically in the context of increased hyper-dynamism
and instability. This approach helps to strengthen the le-
gal framework for protecting the interests of tourism com-
panies, optimise their compliance with legal requirements
and, as a result, improve the overall legal security in the
sector. The legal aspect of the study focused on the study
and adaptation to the legal requirements that aect the ac-
tivities of tourism enterprises in changing environmental
conditions. In case of tourism enterprises, it is particularly
important to understand and implement legal regulations
relating to consumer protection, service safety, labour regu-
lation, and environmental protection.
However, the present study had its limitations, since
the environmental and economic aspect of the issue is ex-
tremely broad and involves many more features than were
covered in the study, which should be considered in future
research. Therewith, only two strategies were proposed for
comparison, which resulted in a narrow range of variables.
Future research in this area should focus on the tactical lev-
el of functioning of enterprises within the framework of an
adaptive strategy.
Acknowledgements
None.
Conict of interest
The authors of this study declare no conict of interest.
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158
Modern environmental, economic, and legal challenges of tourism enterprises
Сучасні еколого-економічні
та правові виклики діяльності туристичних підприємстві
Галина Леськів
Кандидат технічних наук, доцент
Львівський державний університет внутрішніх справ
79007, вул. Городоцька, 26, м. Львів, Україна
https://orcid.org/0000-0002-4900-9466
Микита Пантелєєв
Аспірант
Львівський державний університет внутрішніх справ
79007, вул. Городоцька, 26, м. Львів, Україна
https://orcid.org/0000-0002-3305-8634
Назарій Лесик
Аспірант
Львівський державний університет внутрішніх справ
79007, вул. Городоцька, 26, м. Львів, Україна
https://orcid.org/0000-0001-8116-5373
Наталія Блага
Кандидат економічних наук, доцент
Львівський державний університет внутрішніх справ
79007, вул. Городоцька, 26, м. Львів, Україна
https://orcid.org/0000-0001-9433-9459
Анотація. Вибір оптимальної стратегії функціонування туристичного підприємства є вагомим фактором, який
впливає на його безпеку та розвиток. Такого роду вибір залежить від значної кількості змінних, в тому числі й від
еколого-економічних й правових викликів, які посилюються внаслідок гіпердинамічності зовнішнього середовища.
Метою статті було розроблення методичного підходу до оцінювання стратегій функціонування туристичного
підприємства. Ключовими методами дослідження стали метод експертного аналізу, завдяки якому було встановлено
значення впливу тих чи інших викликів, метод BOCR який становив основу для моделювання. В ході дослідження
створено модель оцінювання запропонованих двох варіантів стратегії функціонування туристичного підприємства
за чотирма критеріями BOCR: позитивні наслідки, витрати, можливості та ризики еколого-економічного та
правового характеру. Таким чином вдалось створити базис для побудови інформаційної основи щодо розроблення
й впровадження оптимальної стратегії, яка задовільнить усі еколого-економічні та правові потреби сучасного
туристичного. Зʼясовано, що воєнний стан в Україні зумовлює посилення динамічності зовнішнього середовища
при якому адаптивний підхід дозволяє безпечно функціонувати таким відкритим соціально-економічним
системам як сучасні туристичні підприємства. В ході дослідження було виокремлено, що найбільш оптимальною
стратегію станом на 2024 рік для туристичних підприємств є динамічна адаптивна, яка передбачає активні дії та
направлення власних ресурсів на розвиток внутрішнього туризму із розширенням міжнародної корпоративної
співпраці та партнерства. Охарактеризовано як запропонована стратегія функціонування впливає на забезпечення
правової безпеки туристичних підприємств. Практична цінність й значущість отриманих результатів полягає в
тому, що запропонований методичний підхід до оцінювання стратегій функціонування туристичного підприємства
може бути використаний субʼєктами як економічної, так й правової безпеки, до яких належать керівництво самих
підприємств та особи, які приймають управлінські рішення в галузі забезпечення їх безпеки
Ключові слова: вибір стратегії; динамічність зовнішнього середовища; еколого-економічні аспекти; воєнний стан;
проєктний менеджмент; правова безпека
