Features of the Realization of the Right to Labour by Persons with Disabilities

In the research, a study was conducted of legislation and law enforcement practice with regard to the actual problem concerning the realization of the right to work by persons with disabilities. The purpose of the research is to identify the main problems existing in Russia in the implementation of the right to work by persons with disabilities, and to suggest ways to solve them. The methodological basis of the research was general scientific methods (synthesis, analysis, etc.) and private-scientific methods (comparative legal method, historical method, etc.). When writing the work, research works of many authors studying the peculiarities of legal regulation of work of persons with disabilities were used. The normative base of the research is international legal acts, current federal and regional sectoral legislation, labor laws of foreign countries, normative acts that have become invalid. The empirical base consisted of the acts of interpretation of the Supreme Judicial Authorities, judicial decisions adopted by the courts of first, appeal and cassation instances concerning the consideration of disputes regarding the realization of the right to work by persons with disabilities. The scientific novelty and significance of the research lies in the fact that the conclusions presented proposals for improving the legislation, changing the content of regulatory legal acts in terms of ensuring a more effective realization of the right to work of people with disabilities (for example, it is necessary to modify art. 5.42 of the Administrative Code of the Russia by tightening the size of the sanction for the employer for violation of the quota obligation; it is necessary to settle in more detail the issue of relieving the employer from creating of special workplaces for persons with disabilities; it is necessary to amend art. 101 of the Labor Code of the Russia to ban the involvement of persons with disabilities to the work of non-normalized; etc.).