To the question of constitutional and legal purpose of the judicial-legal positions of the supreme arbitration court and their ratio with legal positions of the Constitutional Court of the Russian Federation

The article presents the author's reflections on the constitutional mission of judicial positions to stop the activities of the Supreme Arbitration Court of the RF and their relation to the legal positions of the Constitutional Court. The conclusion that the appearance of the constitutional and legal positions of higher courts is proved, according to them the existence of substantive and procedural prerequisites, as well as possible obstacles to revision based on the unconstitutional acts of making, is the result of the highest court of economic justice. Judicial and legal positions of higher courts are the elements of the constitutional framework for the protection of the unity and consistency of the Russian legal system. Judicial and legal positions of the SAC of the Russian Federation have their constitutional and legal purpose of not normative obligation of lower arbitration courts to take a definite decision in a particular case or cases of a similar nature (legal precedent), but by the inherent standardization they should ask the vector of formulation and adoption of the constitutional decisions, not excluding, however, that these decisions will be adjusted according to the judicial interpretation of facts correctly (constitutionally) correlated with the estimated legal concepts.