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.40 N° 74
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 40, Nº 74 (2022), 849-862
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 03/08/22 Aceptado el 11/10/22
Administrative and legal regulation
of space tourism
DOI: https://doi.org/10.46398/cuestpol.4074.47
Sergii Didenko *
Kovalchuk Мykola **
Pavel Serebriansky ***
Roman Mkrtchian ****
Abstract
From a documentary methodology, the objective of the article
was to analyze the administrative and legal regulation of space
tourism and the characteristics of this form of tourism as a type
of space activity. In legal perspective, space tourism as any type
of relationship must be regulated, including in the administrative
and legal sense, because the role of the State in the regulation of
these relationships is of particular importance and, in our opinion,
requires special attention and legal analysis. A characteristic
feature of the administrative and legal regulation of space tourism is that
one of the participants in these relations are corporations that develop the
space industry, including space tourism, and the state creates a legal basis
for the development of these relations and if it applies to the developed
space industry, invests in this activity and promotes development in all
possible directions. Therefore, we believe that special attention should
be paid to the administrative and legal regulation of space tourism. It is
concluded that the administrative and legal regulation of space tourism is a
deliberate inuence of the norms of administrative law on the regulation of
social relations arising in the eld of space tourism.
Keywords: space and tourism; state regulation; legal relations; norms;
spatial activities.
* Honored lawyer of Ukraine, Doctor of Law, Professor, Kherson Institute of “Interregional Academy of
Personnel Management” (Kherson, Ukraine). ORCID ID: https://orcid.org 0000-0003-3349-4046
** Ph.D. in Law, Research Institute of Maritime and Space Law (Kherson, Ukraine). ORCID ID: https://
orcid.org/0000-0002-7957-7480
*** Ph.D. in Law, Kherson Institute of Interregional Academy of Personnel Management (Kherson,
Ukraine). ORCID ID: https://orcid.org/0000-0002-0976-1389
**** Ph.D. in Law, Associate Professor, Kherson Institute of Interregional Academy of Personnel
Management (Kherson, Ukraine). ORCID ID: https://orcid.org/0000-0001-7524-7401
850
Sergii Didenko, Kovalchuk Мykola, Pavel Serebriansky y Roman Mkrtchian
Administrative and legal regulation of space tourism
Regulación administrativa y legal del turismo espacial
Resumen
Desde una metodología documental, el objetivo del artículo fue analizar
la regulación administrativa y legal del turismo espacial y las características
de esta forma de turismo como tipo de actividad espacial. En perspectiva
legal, el turismo espacial como cualquier tipo de relación debe ser regulado,
incluso en el sentido administrativo y legal, porque el papel del Estado en
la regulación de estas relaciones es de particular importancia y, en nuestra
opinión, requiere especial atención y análisis legal detallado. Un rasgo
característico de la regulación administrativa y legal del turismo espacial
es que uno de los participantes en estas relaciones son las corporaciones
que desarrollan la industria espacial, incluido el turismo espacial, y el
Estado crea una base legal para el desarrollo de estas relaciones y si aplica
a la industria espacial desarrollada, invierte en esta actividad y promueve
el desarrollo en todas las direcciones posibles. Por ello, creemos que se
debe prestar especial atención a la regulación administrativa y legal del
turismo espacial. Se concluye que la regulación administrativa y jurídica del
turismo espacial es una inuencia intencionada de las normas del derecho
administrativo en la regulación de las relaciones sociales que surgen en el
ámbito del turismo espacial.
Palabras clave: espacio y turismo; regulación estatal; relaciones
jurídicas; normas; actividades espaciales.
Introduction
In today’s world, international tourism has become one of the
fastest growing industries. Every year, reports from the World Tourism
Organization show that despite the youth of the international tourism
industry, it occupies an important place in the world market. In this
regard, the issue of administrative and legal regulation of space tourism
is of particular importance. According to the denition given by the World
Tourism Organization, tourism covers all forms of temporary departure
from a place of permanent residence for the purpose of recovery and arrival
at a place of temporary residence, where he engages in unpaid activities, as
well as to meet intellectual needs in leisure or business activities Report of
World Tourism Organization (2021).
For the development of space tourism as one of the types of space activities,
rst of all, it is necessary to regulate this industry within the framework of
uniform rules. That is, the study of the prospects of administrative and legal
regulation of space tourism in the framework of international space law is a
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very important and relevant topic of our time. In this regard, this article is
devoted to topical issues of administrative and legal regulation of the use of
outer space for tourism purposes.
Legal regulation in the legal literature is considered as one of the central
and comprehensive legal phenomena. It pursues the goal of ordering and
improving social relations, without which law and order, the normal rhythm
of life and peace of citizens are impossible in society (Babanina et al., 2021).
Legal regulation is a purposeful eective impact of law on specic social
relations in order to streamline and improve them through purely legal
means. This denition contains all the most important characteristics of
legal regulation: 1) is a kind of social regulation; 2) is carried out by civil
society or the state; 3) has a normative-eective nature - is carried out with
the help of a holistic system of legal means that ensure the implementation
of legal norms to achieve the desired goal (result); 4) has an organizational
nature - with the help of legal regulation of relations between the subjects
acquire a certain legal form (the rules of law enshrine the degree of possible
or appropriate behavior); 5) has a purposeful nature - aimed at satisfying
the rights, freedoms, legitimate interests of legal entities; 6) has a specic
character - always associated with real (specic) relationships (Gusarev,
2017).
Regarding administrative and legal regulation, it should be noted that
V.Y. Razvadsky denes administrative-legal regulation as a combination
of methods of legal regulation in which obligations and prohibitions
predominate. This combination is formed by giving the participants of
legal relations subjective legal rights and imposing obligations on them by
dening and enshrining in legal acts certain rules of conduct as a result of
law-making activities of authorized bodies (ocials) (Razvodovsky, 2003).
Petrova and Semenov (2015) dene this type of legal regulation as
executive-administrative activity of the state organizations endowed with
the state-power powers directed on stabilization of public relations by
acceptance of regulatory legal acts and maintenance of their execution.
Kozlov (1999) denes administrative-legal regulation as a process of
consistent use of administrative-legal means to achieve the goals of
regulating the behavior of participants in public relations.
Thus, the administrative and legal regulation of space tourism is a
purposeful inuence of the rules of administrative law on the regulation
of social relations arising in the eld of space tourism. Administrative and
legal regulation includes the use of various means and methods and their
use in the implementation of such regulation, especially in such a specic
area as space tourism. This is the main purpose of the article.
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Sergii Didenko, Kovalchuk Мykola, Pavel Serebriansky y Roman Mkrtchian
Administrative and legal regulation of space tourism
1. History of space tourism development
The idea of space tourism was rst reected in a series of works by
Barron Hilton and Craft Eric, published in 1967. They rst tried to push the
idea of commercializing space. However, at that time it was not successful.
Space tourism began to develop actively in the late twentieth century.
In 1986, the International Astronautical Congress presented a report on
“Potential Economic Implications of the Development of Space Tourism”,
which provoked a lot of discussion not only in scientic, but also in business
circles.
The rst space tourist was to be the American teacher Sharon Christa
McAulie, who died during the launch of the shuttle “Challenger” on
January 28, 1986. Following the incident, the US government passed a law
banning non-professionals from ying into space. Currently, 3 companies
are organizing space ights: the American Virgin Galactic and the Russian-
American Space Adventures, which has been actively cooperating with
Roscosmos since 2001, and SpaceX. With the help of these companies,
more than 10 tourists have already visited space, and one of them (Charles
Simony) - twice. In addition, there are 4 unsuccessful attempts to make
a space tour (Lance Bass, Daisuke Enomoto, Sarah Brightman, Vladimir
Gruzdev).
2. The concept of space tourism and its legal regulation
In international legal theory, issues of legal regulation of space tourism
are considered at the junction of international space law and international
tourism law. From this point of view, Kuliev (2014) believes that it is
necessary to consider the legal sphere of international space law and
international tourism law, their sources, existing domestic legislation in
this area (the Law “On Space Activities” and the Law “On Tourism”) and
the legal regulation of space tourism.
Thus, according to Huseynov (2012), international space law is a set of
norms that determine the legal regime of outer space, including celestial
bodies, and the regulatory rights and responsibilities of participants in
space activities. Y.M. Kolosov believes that international space law is a set
of international principles and norms that determine the legal regime of
outer space and celestial bodies and regulate the rights and obligations of
international legal entities in the use of outer space and space techniques
(Valeev and Kurdyukov, 2010).
International tourism law is a sub-branch of international public law,
which is a set of legal principles and norms governing interstate cooperation
in the eld of tourism (Yurchenko, 2016).
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According to the theory of international space law, the concept of space
tourism can include:
• participation of citizens as passengers of the spacecraft controlled
by the pilot (as a member of the crew);
• observation of phenomena and objects in outer space during space
ight, controlled by the pilot and simultaneously from the ground
from the appropriate equipped places;
• use of space infrastructure and its activities (stay in the ight control
center, use of the center and equipment for training astronauts,
monitoring the launch of space objects at the spaceport, visits to the
observatory, etc.);
• the use of space technology decommissioned, as well as the use of
space activities for tourism purposes (Malkov, 2007).
Space tourism is a type of tourism and one of the links in the global
tourism industry, which provides services to people for access to space,
enriches the experience of adventure and recreation. The European Space
Agency denes space tourism as a private-funded and / or privately
operated suborbital ight with the help of vehicles and the development
of technologies based on the space tourism market. Space tourism can be
considered as one of the branches of the tourism industry, which is mainly
based on technological development, progress and its activities related to
satellite orbital ights (Movchan et al., 2022).
Mironov denes that space tourism is one of the areas of commercialization
of space activities, which is gradually developing and is relevant today.
Space travel, orbiting for entertainment purposes, unlike other space
travel (for example, for research purposes funded by governments), is paid
for privately. Unlike other types of tourism, participation in space tours
requires tourists to be in perfect health and appropriate special training
(Mironov, 2019).
Space tourism is the ight or series of ights of one or more people
into space (space is usually understood as an altitude exceeding 100 km
above sea level - the so-called Pocket Line, the conditional upper limit of
the Earth’s atmosphere) or Earth orbit, paid on a commercial basis with
entertainment or research purpose. People who go into space at their own
expense for entertainment purposes are usually called space tourists, but
their ocial name is space ight participants, because in orbit they become
participants in scientic experiments, learn what the risk of space ight
is, and work alongside the crew. Therefore, space tourism is often called
a visiting expedition, because the preparation for the ight of tourists and
crew is the same (Vyshnevsky, 2018).
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Sergii Didenko, Kovalchuk Мykola, Pavel Serebriansky y Roman Mkrtchian
Administrative and legal regulation of space tourism
Space tourism, of course, can be considered as a sphere of entrepreneurial
activity, i.e., it is a business that can be both protable and unprotable.
The organization of space travel on a commercial basis is a full-edged and,
most importantly, protable business. The same laws apply here as in other
markets for goods and services, there are consumers who are willing to pay
a lot of money for a bright and extreme trip. To earn your money, you need
to attract a potential customer. Today, “Space Adventures” oers several
programs for wealthy tourists: - tour to launch a spacecraft (Baikonur
Cosmodrome, Kazakhstan); - preparation for space ight (Star City near
Moscow); - space travel to the International Space Station (ISS); - access
to outer space; - ight over the other side of the moon (Space Adventures,
2022).
Conrmation of this is the opinion of Mironov as for promising projects
and plans for the development of space tourism business, it all depends on
the ingenuity of entrepreneurs. The main principle is to make an idea, even
an unrealistic one, work and make a prot in the future (Mironov, 2019).
Regarding the legal regulation of space tourism, it should be noted
that the sources that regulate space activities, including tourism, are
international treaties, domestic regulations of countries engaged in space
activities in the eld of tourism.
International agreements include:
1. Space Treaty of 1967;
2. Agreement on the Rescue of Astronauts, Return of Astronauts and
Return of Objects Released into Outer Space, 1968;
3. Convention on International Liability for Damage Caused by Space
Objects, 1972;
4. Convention on the Registration of Objects Released into Outer Space
of 1975;
5. Agreement on the Activities of States on the Moon and Other Celestial
Bodies of 1979 (Agreement on the Moon) (Blatova and Melkov,
2011).
The internal normative acts should include the Laws of Ukraine “On
Space Activities”, “On Insurance”, as well as bylaws of the Cabinet of
Ministers of Ukraine and central executive bodies.
Regarding the Law of Ukraine “On Space Activities”, it does not provide
for the concept of space tourism, which in our opinion is a negative aspect.
Therefore, we believe that the issue of space tourism must be regulated in
the Law of Ukraine “On Space Activities”.
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If we talk about administrative and legal regulation, the leading place in
the system of sources of regulation is occupied by bylaws of ministries and
other central executive bodies, among which are the acts of the State Space
Agency of Ukraine, which directly implements space programs of Ukraine
(Chernuavskyi et al., 2021).
Speaking of space tourism, it should be noted that the main problem of
space tourism, in our opinion, is the relative unavailability of such travel
(extremely high health requirements, special and physical training of space
tourists) and the high cost of services. The cost of the program at present -
from 30 million US dollars. It includes a medical examination, training and
education in Star City, the ight itself, a stay on the ISS. Going into outer
space will cost tourists about 15 million US dollars. This high cost is due
to the fact that sending a person into space requires much more expensive
media than, for example, to launch a satellite.
An important factor inuencing the price of the ight is the risks of
both the company and the participants in the ight. One way to solve this
problem is to use manned suborbital aircraft. This aircraft is a high-speed
aircraft that rises to a height of about one hundred and fty kilometers.
From its board a person will be able to see the Earth from space, as well
as feel weightless. One of the developers of such devices is the company
“Virgin Galactic”. The company has created the spacecraft “SpaceShipTwo”.
The aircraft will be overclocked with the help of the White Knight Two
aircraft, the maximum number of passengers will be 6 people, and the ight
duration will be from 2.5 hours.
The cost of the ight to the borders of space will be approximately 200
thousand US dollars, which is much cheaper than the price of orbital ight.
In addition, the ight conditions are much “softer” and more comfortable.
Despite the fact that the aircraft is under development and testing, tickets
for the rst ight have already been sold out. The starting point for the
suborbital ight is the world’s rst private spaceport “America”, which
was built as a result of cooperation between “Virgin Galactic” and the
government of New Mexico (USA) (Chiornyi, 2011).
Today, outer space is becoming more accessible. In the coming years,
space tourism should be dierentiated by cost - suborbital travel is
promising, which can be organized at much lower prices than orbital tours
and expeditions. Currently, space tourists can stay on the ISS, in addition,
technological developments are already underway for the construction of
space hotels. Scientists predict the appearance of the rst such hotels in a
decade. The next two celestial bodies of commercial interest are the Moon
and Mars (Ignatova and Gracheva, 2016). Mironov suggests that with the
development of science and technology will be available to travel to other
planets, with which we can agree (Mironov, 2019).
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Sergii Didenko, Kovalchuk Мykola, Pavel Serebriansky y Roman Mkrtchian
Administrative and legal regulation of space tourism
It is possible that Ukrainians will be able to aord a space tourist ticket.
Analyzing the nancial basis for the development of space tourism, it
should be emphasized that the most important part of the costs is the use of
space and information technology in sightseeing and tourism (Vyshnevsky,
2018).
Space activities are constantly accompanied with dierent types of risks,
therefore there arises quite an appropriate problem faced by a number
of space countries, i.e. to continue exercising the space activities and
deliberately risk or conne themselves to the existing situation and make
use of existing treasures. Therefore, the question of ensuring civil security
arises. This concern of the state manifests itself by granting permission
to commercial organizations to get engaged in the applied types of space
activities. The state must ensure eective and ecient control over the
activities of entities that launch rockets and satellites into space, that are a
priori the sources of elevated danger (Muraviov et al., 2019).
That is, I would like to emphasize that with the development of space
tourism, the issue of responsibility in international space law is growing.
No matter how nancially secure space tourists are, they enter into various
insurance contracts or sign a series of documents agreeing that their actions
are associated with risk. Therefore, the issue of space tourism insurance
deserves special attention.
3. Space tourism insurance and liability in space tourism
relations
The mechanism of civil law regulation of insurance relations in space
activity in Ukraine is in an unsatisfactory state, that negatively aects
provision of reliable insurance protection of property interests of primarily
the subjects of space activities in the process of their implementation of
space projects and programs. This circumstance requires lling the existing
gaps in the legal regulation of the relevant civil law relationships (Babanina
et al., 2021).
Insurance of space activities should be understood as a comprehensive
insurance industry covering personal insurance, property insurance and
civil liability insurance. It is the complex nature of insurance in the eld of
space activities that provides reliable and universal insurance protection of
property interests of subjects of space activities in the process of exploration
and use of outer space (Movchan et al., 2021). An important role in
insurance is played by the norms of civil legislation, which are provided for
in the contract relations when implementating insurance in the domain of
space activities.
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Space activity insurance is an independent branch of insurance that
includes personal, property, liability insurance, etc. Case of causing damage
to the third persons in the process of these activities. Complexity of this
special insurance is conditioned by the necessity of insurance protection
of property interests of the subjects of space activities in connection with
production and exploitation of space technology for the purpose of research
of the use of outer space. Underwriters can not be individual citizens, since
they are not recognized as subjects of space activities.
That is, underwriters when conducting mandatory insurance in the
eld of space activities can be presented by any enterprises, institutions
and organizations (incl. international and foreign), which perform space
activities and want to have a nancial guarantee of insurance protection
from possible losses. After all, concluding an insurance contract is important
for determining all the conditions for the occurrence of an insured event.
First of all, it is necessary to list the risks in the process of implementation
of space activities, with regard to which the degree of risks probability
as compared to other insurance contracts is unknown. First of all, this is
due to the insuciency of the relevant statistical data, in particular for
insurance cases. To properly develop the eective insurance market in
Ukraine in the process of implementation of space activities, it is necessary
to resolve a number of legal problems associated with insurance of life from
misfortunes. Today, the Law of Ukraine “On Insurance” indicates that it is
prohibited to carry out insurance activities on the territory of Ukraine to be
performed by underwriters who are nonresidents, except for the following
cases of types of insuring activities:
• risk insurance is necessary if the object of insurance is property
interests in goods transported by vehicles, if such risks are related
to aviation, sea transport, etc.;
• insurance mediation such as brokerage and agent operations in
relation to: reinsurance, exclusively with the insurance of the riskc
connected with martine transportation, commercial aviation,
launches of rockets and satellites, if they belong to property interests
in the goods being transported. In addition, the following types of
insurance are dened, if space objects:
• insurance of objects of space activities (Earth’s infrastructure), the
list of which is approved by the Cabinet of Ministers of Ukraine after
submission of the central body of executive power, which ensures
formation of the state policy in the domain of space activities;
• insurance of civil liability of subjects of space activities;
• insurance of objects of space activities (space infrastructure)
which is a property of Ukraine as for the risks connected with the
preparation of space technology for launching on a launching site,
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Administrative and legal regulation of space tourism
its launch and operation in outer space; - insurance of liability as for
the risks related to preparation to launching of space technology on
a launching site, its launch and exploitation in outer space.
It may be expedient to introduce changes and amendments to the Law
of Ukraine “On Insurance” in the part of introducing mandatory personal
insurance of life for spacecraft crew (tourists) on the territory of Ukraine.
For the civil law regulation of insurance activities in the eld of space, it is
necessary to adopt the Law of Ukraine «On mandatory insurance for the
implementation of space activities in Ukraine». This law denes the order
and rules of compulsory insurance, the size of the insured amount, the
subjects of insurance activity, the terms of the contract, etc.
Main international treaty, which regulates the issue of liability in the
international space law, is the Convention on Liability 1972. According to
Article VII, a state party to the Treaty assumes responsibility for damage
caused by space objects that it launched or arranged for launch. Such a state
is also responsible for such objects in case of damage in space, on Earth, or
on the Moon. Damages are compensated to other states or legal entities and
individuals.
In connection with the constant expansion of the boundaries and
forms of space activities, there appears a need to update the Convention
on Liability or conclude an appropriate agreement for each individual type
of liability. It is especially true that the Convention accepted 40 years ago
does not fully meet the present conditions and achievements in the space
industry.
While solving the issue of liability in international space law, it should
be judged who has caused damage: a subject of international public law
or international private law. In accordance with international legislation,
in the event of damage caused by space activity, it is compensated in the
manner and within the limits stipulated by international treaties.
And in the second case, everything depends on the type of factor which
specically regulates the relations of international private law. It is due
to the fact that the space research is sometimes carried out not by the
governments of the countries, but separate individuals and legal persons,
that leads to the change of legal relations type and in case of solving the
issues of liability the subjects are not states, but separate individuals and
legal entities.
That is, when causing damage during a tourist trip there is a question
of who and how will compensate for the damage and here again follows
the special role of the state and its administrative and legal methods of
regulating relations in this area (Babanina et al., 2021).
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Summarizing the above, it can be concluded that in order to improve
the regulation of space activity, it is necessary to change the grounds and
procedure for prosecution of member states of various space programs,
which is inextricably linked to changes in their national legislation.
Conclusions
Thus, the administrative and legal regulation of space tourism is a
purposeful inuence of the rules of administrative law on the regulation
of social relations arising in the eld of space tourism. Administrative and
legal regulation includes the use of various means and methods and their
use in the implementation of such regulation, especially in such a specic
area as space tourism.
Administrative and legal regulation of space tourism has the following
characteristics:
• has a purposeful nature (aimed at regulating relations in the eld of
space tourism), as it acts as a kind of regulator of public relations,
regulating them through law at the societal level;
• has an organizational and orderly nature, ie is carried out by certain
means;
• aimed at achieving certain goals, and therefore has a regulatory
nature;
• has a certain subject and sphere of legal inuence, which are
perceived by people and society and have a certain meaning for
them;
• is provided with certain methods that coordinate the activities of
subjects of international space law;
• has certain stages that involve the legal regulation of public relations,
the emergence of subjective rights and legal obligations and their
implementation. Space tourism is space or suborbital ights for
entertainment or research purposes, usually carried out at private
expense.
The issue of liability in the event of damage to the protected rights and
interests of individuals is important in tourism-related space activities. In
order to anticipate risks, the institute of insurance in space activities related
to tourism should be improved.
Finally, we must agree with Bogdan et al., (2019) that despite the
economic instability in the world, the space industry remains one of the
promising investment sectors, so it’s time to dispel the myth that has
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Sergii Didenko, Kovalchuk Мykola, Pavel Serebriansky y Roman Mkrtchian
Administrative and legal regulation of space tourism
misled both the government and the public that outer space is a barrier,
not an area of opportunity development. After all, in the future there will
be a prospect for the beginning of passenger suborbital space ights with
the help of newly developed commercial spacecraft. Space tourism includes
aspects of space transport, manned space ight and the commercialization
of outer space.
Given the loopholes of existing laws, there is an urgent need to regulate
space activities. In addition, the approach to international space law needs
to be properly revised and reshaped so that private enterprises can directly
engage in commercial activities in this area. The growth of the “space
tourism movement”, which can be called such, will have a huge benecial
cultural eect, which will expand human horizons and opportunities. Under
its inuence, space tourism may in the future become the main direction
of space activities, which will provide many people with jobs and bring
signicant prots to the participating states.
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Esta revista fue editada en formato digital y publicada
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