ГАРМОНІЗАЦІЯ СТРАХОВОГО ЗАКОНОДАВСТВА УКРАЇНИ ТА ЄС У СФЕРІ ФІНАНСОВОГО ЗАБЕЗПЕЧЕННЯ ТУРОПЕРАТОРІВ, HARMONIZATION OF INSURANCE LEGISLATION OF UKRAINE AND THE EU IN THE SPHERE OF FINANCIAL SECURITY OF TOUR OPERATORS

<jats:p>The study is devoted to a comprehensive comparative legal analysis of the mechanisms for financial security of tour operators’ liability under the legislation of Ukraine and European Union law, aiming to substantiate strategic directions for harmonizing Ukrainian insurance and tourism legislation with the acquis communautaire. The scientific relevance of the issue stems from Ukraine’s international legal obligations under the Association Agreement with the European Union and the urgent necessity to overhaul outdated consumer protection tools in the domestic tourism sector. The author establishes that the current model of financial security in Ukraine, anchored in Article 15 of the Law of Ukraine “On Tourism”, still reflects the conceptual framework of the repealed Council Directive 90/314/EEC. This framework relies strictly on fixed minimum amounts of financial coverage (EUR 20,000 for tour operators and EUR 2,000 for travel agents), which fail to reflect the actual business turnover, scale of operations, or seasonal risk fluctuations of market players. Conversely, the modern EU regulatory model, defined by Directive (EU) 2015/2302 and further developed by the Court of Justice of the European Union (CJEU) jurisprudence (notably in Joined Cases C-771/22 and C-45/23, and Case C-445/24), establishes a qualitative standard requiring coverage to be “effective and reasonably foreseeable”, extends legal guarantees to retailers (travel agents), and enforces the principle of full consumer protection against insolvency. The paper highlights the existing institutional gap between the new Law of Ukraine “On Insurance” (aligned with Solvency II prudential standards) and the absence of sectoral risk-management rules for travel insurance. To eliminate these conceptual discrepancies, six key directions for legislative reform are formulated: transitioning to a turnover-differentiated security model; establishing a centralized travel guarantee fund; expanding coverage to linked travel arrangements; enforcing full reimbursement rights; aligning prudential requirements for travel insurers; and strengthening supervisory cooperation between state regulators.</jats:p>