Problems of legal regulation of the work of persons with mental disabilities
( Pp. 128-130)

More about authors
Kutarova Maria Alexandrovna aspirant. Mesto ucheby: Moskovskiy Gosudarstvennyy Universitet im. M.V. Lomonosova. Podrazdelenie: kafedra trudovogo prava
Moscow State University named after M.V. Lomonosov
Abstract:
The article discusses the employment of persons with disabilities with mental illness, analyzes legal problems and gaps in the legislation. Particular attention is paid to the issue of the distinction between employment and occupational therapy. Objective and purpose: The purpose of writing this article is to study the legal regulation of the work of persons with mental illness for people with disabilities, to conduct an analysis to identify existing problems, and to suggest improvement of the current legislation. For comparison, we consider the experience of the Federal Republic of Germany in solving existing problems, the current legislation of this state and the study of the works of N. Kossen and F. Neunberg on the topics covered. To achieve this goal, the following tasks were set: - analysis of the legal status of persons with mental disabilities and social policies aimed at increasing the employment of people with disabilities; - study of the employment of persons with disabilities in boarding schools; - justification of proposals for improving the current legislation. The methodology of the article consists in the use of dialectic, system-structural and comparative-legal methods. Conclusions: The positive effect of the employment of people with mental disabilities on socialization in society and their rehabilitation has been revealed. It was noted that the legislator does not clearly separate labor activity and occupational therapy for this group of persons, and also does not regulate the issues of concluding an employment contract, receiving wages, and the possibility of bringing to liability. In this regard, the author proposed measures to improve the legislation. This article is valuable for the social and legal spheres of society, as people with disabilities, especially those with mental illness, are vulnerable to the breakdown of the population and need special support and protection, one of the ways in which it is manifested is the provision of employment. In this regard, attention should be paid to the lack of improvement of legislation and the need for proper legal regulation.
How to Cite:
Kutarova M.A., (2018), PROBLEMS OF LEGAL REGULATION OF THE WORK OF PERSONS WITH MENTAL DISABILITIES. Gaps in Russian Legislation, 6 => 128-130.
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