Legal Positions of the Highest Courts of the Russian Federation about Freedom of Association (Public Law Analysis)

Recently, the terms “legal positions of the Constitutional Court of the Russian Federation” and “legal positions of the Supreme Court of the Russian Federation” have been increasingly used in the Russian legal system. This phenomenon has attracted the attention of many researchers studying the nature of legal positions. The possibility of recognizing the legal positions of the highest judicial bodies of Russia as having an independent legal nature, and the legal force of the source of law for the court decisions in which these legal positions are contained, is debatable. In view of the significant influence of this legal phenomenon on law enforcement practice and the transformation of legislation, it seems necessary to consider their significance for the implementation of one of the most important constitutional guarantees ‒ freedom of association ‒ through the prism of their influence on the rights of trade unions. The article consistently reflects individual legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation regarding the implementation of trade union rights aimed at preventing and suppressing conflicts in the social and labor sphere. Attention is drawn to the need for legality and validity of decisions taken by trade unions, to increasing the activity of trade union organizations in protecting the rights of workers and monitoring compliance with labor legislation.