The principles and procedure for the creation of trade union associations should be determined by the trade unions themselves, which have the right to freely determine the structure of trade union associations, the rights and obligations of the organizations that make up the union of trade unions. State authorities should avoid undue interference in the relationship between trade unions, trade union associations and associations of territorial trade union organizations. On the basis of a number of decisions of the Constitutional Court of the Russian Federation, examples of unjustified regulation by the state of relations are given, which should be regulated by decisions of trade unions, trade union associations, and proposals are formulated to improve legislation arising from the development of the structure of trade union associations.