The implementation of legal positions of the european court of human rights by the Supreme Arbitration Court of the Russian Federation and the process of constitutionalization of justice

The article considers the role of the SAC, which ceased operations in the implementation of legal positions of the European Court of Human Rights. The author proves the thesis that by broadcasting the practice of the ECHR and formulating on the basis of either its legal position of their own judicial and legal position, the SAC was actively involved in the constitutionalization of law, which was expressed in the improvement of the constitutional and legal model of judicial procedure, ensuring its compliance with the relevant social needs, taking into account the international legal standards, criteria and practices. Moreover, the judicial and legal positions of the SAC, based on the precedential value of the ECHR, can be considered as a legal tool to eliminate the ambiguity of rules of law, its contradictions, or other defect. The author notes the need to take into account in the court practice the developed by the Constitutional Court of the Russian Federation approaches and requirements to resolve potential conflicts between the legal positions of the ECHR and the estimates of the constitutionality of the provisions of the Russian legislation.