Unwritten Constitution in Russia: Construction of Constitutional Reality by the Constitutional Court of the Russian Federation

The Constitution of the Russian Federation is important act, which plays a crucial role in creation of legal framework of the country, formation of laws, court and administrative practices. Moreover, instilling legal conscience and respect to constitutional values, rights and freedoms of people the Constitution has also an impact on society. The realization of the Constitution is a main problem of modern constitutional law, however there is no universal solution of this problem. The author of this work suggests his own conception of the Constituion’s implementation in real life, which contains two steps: 1) the creation of the “Unwritten Constitution” by the Constitutional Court of the Russian Federation; 2) the construction of constitutional reality, where the legal positions and interpretation of the Court are implemented in law-enforcement and legal activity, in social regulations. Besides, this conception tries to solve problem of the Constitutional Court’s excessive powers with the help of the second step. Notwithstanding the general obligation of the fulfilment of court’s decisions they are executed selectively. As the result of these actions the society creates a social control and does not allow to perform judicial activism into judicial despotism. The author analyzes every step of the constitutional reality’s construction and make the conclusion about the real Constitution, the existence of “broken phone” effect after the double interpretation of the constitutional text.