The problem of correlation between judicial practice and the source of law

In this article, the authors consider the legal nature of judicial practice, determine its place and role in the system of law of the Russian Federation, and identify the main problems of correlation between judicial practice and the source of law. Currently, there are two prerequisites for legislative consolidation of the mandatory meaning of acts of the higher judicial bodies. The works of many scientists and practitioners are devoted to the theoretical justification of this issue. Until now, the issue of recognizing the decisions of the first instance courts as law-making remains controversial. In the legal doctrine of the countries of the Romano-German legal system, judicial practice is not a source of law. In turn, in the Russian Federation, which traditionally belongs to this legal family, it is possible to refer judicial practice to the sources of law.