LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN RUSSIAN LEGAL SYSTEM

Analyzed the relationship of the Constitution of the Russian Federation and the legal positions of the Constitutional Court of the Russian Federation, as sources of law, their place in legal system. The content of the institutes of the theory of law (Constitution, constitutionalism, legal position, source of law, judicial precedent), provisions of the Constitution of the Russian Federation, acts of the Constitutional Court of the Russian Federation, Russian legislation and the works of legal scientists using the method of comparison and synthesis are studied. The idea that judgements of the Constitutional Court of the Russian Federation are sources of law has been criticized. An example is given of when the Constitutional Court of the Russian Federation has gone beyond the interpretation of the Constitution of the Russian Federation, creating a new legal norm. It is concluded that the legal positions of constitutional courts as sources of law can exist without the Constitution. It is noted that the legal positions of constitutional courts is a place in which where opinions of scientists becomes obligatory. As evidence the Constitution of the Russian Federation and the legal positions of the Constitutional Court of the Russian Federation represent an inseparable unity, it is pointed out legal positions of the Court also have certain features of the Constitution as a source of law, which allows to consider them together with the Basic Law as a single source of law.