FACTORS INFLUENCING THE FORMATION OF THE JUDICIAL LEGAL POSITIONS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

Abstract

The article is devoted to the peculiarities of formation of the judicial legal
positions of the Supreme Court of the Russian Federation. The process
of formation of legal positions is a very difficult legal phenomenon; it is influenced
by certain factors. The author comes to the conclusion that the
formation of positions of the Supreme Court of the Russian Federation,
which are contained in the Decisions of the Plenum, in the decisions of the
Presidium and Judicial Board on criminal cases of this court is influenced
by the following factors: the positions of the European Court of Human
Rights, positions of the Constitutional Court of the Russian Federation,
practice of lower courts.