The article attempts to consider the phenomenon of atypical sources of law from the standpoint of judicial lawmaking, meaning the judiciary, firstly, as a generator, creator of atypical rules of judicial activity and, secondly, the subject of law enforcement. Such an approach should contribute, in the author's opinion, to increasing the practical use of atypical sources in judicial activity in the development of fair decisions based on the equality of all before the law.

It is important to take into account the various legal traditions that have deep historical roots in the formation and use of atypical sources of law in modern legal systems. Based on the analysis of the historical background and conditions of judicial lawmaking in the Romano-Germanic, on the one hand, and the Anglo-Saxon system, on the other hand, their philosophical and ideological features, orientation towards moral and ethical criteria of justice or the philosophy of pragmatism, the author analyzes the relationship between general patterns and national features of the formation of judicial precedent principles and other forms of atypical sources of judicial law enforcement.

In the modern domestic judicial and legal system, the judicial and law-making activities of the Constitutional Court of the Russian Federation are of particular importance, on the basis of which a system of real (judicial) constitutionalism is formed as a kind of genetic basis, a prerequisite for the formation of precedent and other atypical sources of judicial law enforcement, the assertion of “the law of the court ". This implies a high level of constitutionalization of all branches of legislation, as well as law enforcement practice. On this basis, a system of atypical sources of judicial enforcement is formed, the main guidelines for which are constitutional principles and values. Therefore, the system of atypical sources of judicial law enforcement should include not only the so-called "additional", "secondary" sources of law; for judicial and law enforcement activities, a kind of “metasources” of law are of fundamental importance, which in this capacity can also be considered among atypical, but not “secondary”, but fundamental levels of judicial law enforcement.

Within the framework of the study, a general scientific methodology was used, special legal methods of cognition were applied, including the analysis of the texts of court decisions in terms of their axiological nature, legal binding, universality of the relevant conclusions, systematization of legally significant normative legal phenomena that can be attributed to the constitutional a system of atypical sources of judicial enforcement, regardless of their formal legal legislative recognition as such.