Problems of terminological designation of persons with disabilities in the current labor legislation: technical and legal aspect

• Anna A. Myagkaya

  Anna A. Myagkaya. Lugansk Vladimir Dahl State University Lugansk. Russia

• Bogdan A. Cheboksarov

  Bogdan A. Cheboksarov. Lugansk Vladimir Dahl State University. Lugansk. Russia

In the presented scientific article, the authors consider the technical, legal and terminological problems of designating persons with disabilities in domestic legislation. The subject of the study is the legal norms of domestic legislation aimed at regulating various aspects of public relations of the studied category of citizens. The purpose of this publication is to form a unified approach to the designation of persons with disabilities at the legislative level. The novelty of the published work consists in identifying gaps and other shortcomings of legislative techniques and in developing optimal proposals aimed at improving the current legislation of the Russian Federation in the field of labor,
employment and social protection of persons with disabilities. The field of application of the obtained research results may be law-making and law-realization activities. The forms of introduction and dating of the term "persons with disabilities" into domestic legislation are analyzed. The positivity of the underlying trend is emphasized, the prospects for cultivating the planned concept of the official designation of the studied category of the population in public legal sources are outlined. The peculiarities of the transformation of the primary forms of terminological designation of persons with disabilities from the point of view of domestic labor legislation of previous editions are investigated. The pe-
culiarity of traditionalism in the aspect of designating the represented category of the population in labor legislation is revealed. The legal and moral nature of the term "disabled person" is investigated. The socially negative aspects of the term used are revealed. Recommendations have been developed to replace the term "disabled person" with "persons with disabilities" in a number of official legal sources. The normative definition of the content of the term "disabled person" has been studied, as a result of which shortcomings have been identified in the legislative interpretation under study within the framework of domestic legislation on social protection of persons with disabilities. In the course of the study, an optimal formulation of the definition was developed, revealing the content of the term "persons with disabilities".
Keywords: legal technique, terminology, synonymy, persons with disabilities, disabled.