The paper explores the implementation of the power to initiate legislation by the highest judicial bodies of Russia—the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The author focuses on specific legislative initiatives of the higher judiciary and provides examples of judicial intrusion into the field of activities of other branches of power. The author highlights the need for additional doctrinal elaboration of draft laws initiated on behalf of the Supreme Court of the Russian Federation. The paper analyzes the reasons for the non-application of the power to initiate legislation by the Constitutional Court of the Russian Federation, in particular: involvement in political life, the principle “nobody can be a judge in their own case,” authority impairment, judges’ opinion, the use of legal standings, complexity of the mechanisms. The author argues that the RF Constitutional Court participation in political activities is mediated. The conclusion is made about the necessity of using the structural-system method of scientific cognition in the study of the reasons for non-application of the institute of legislative initiative. The author substantiates the necessity for the Constitutional Court of the Russian Federation to apply the power to initiate legislation in exceptional cases, in cases of impossibility of using other forms of participation in law-making.