The Constitutional Court and the Supreme Court of the Russian Federation: some opinions on lawmaking activities

the paper examines some features of the activities of the Constitutional Court and the Supreme Court of the Russian Federation. The immediate subject of the study is the theoretical problems of judicial lawmaking, as well as the difficulties arising in practice in the judicial system, the totality of legal norms, their interpretation and application by the courts, procedural legislation and judicial practice, as well as existing developments in coordinating relations in judicial lawmaking. At present, judicial lawmaking is singled out as a separate category, since it is a special type of complex process of creating legal norms. Lawmaking in the courts has a derivative meaning, because, first of all, unlike lawmaking by legislative bodies, it does not represent the basic goal of the courts; and, of course, it is developed through fragmentary elaboration of already functioning legal norms, which are created by bodies of other branches of government - legislative and executive. Based on the result of the fragmentary analysis, it is concluded that the Russian legislation does not indicate that the decisions of the Constitutional Court of the Russian Federation are a source of law, but in fact they are used in lawmaking. The author of the work is convinced that the resolutions of the Plenum of the Supreme Court of the Russian Federation by their legal nature are by-laws, i.e. secondary sources of law. The competence and privilege of the courts of higher instances to engage in the process of lawmaking can be said to represent the essence of the judicial power, its importance is determined by the fact that it directly affects the strengthening and improvement of the legal culture of society, the effective, timely and rational application of legal norms by the state and its competent bodies, not only in the interests of the well-being and security of citizens and the state, but also to protect sovereignty and enhance the international authority of the country in the world arena.

Supreme Court of the Russian Federation, Constitutional Court of the Russian Federation resolution, lawmaking, judicial precedent