The question on election of a measure of restraint in form of detention and extension of the expiration date in the light of the legal positions of the European court on human rights

Purpose: The Analysis of case-law European Court of human rights, infringement of the right to freedom and personal inviolability when selecting a measure of restraint in form of detention and extension of the expiration date in order to attempt the harmonization of General principles and approaches of the European Court to the described problem. Methodology: The author applied formal-legal method, comparative legal method, method of document analysis. Results: In article on the basis of the analysis of the case-law of the European Court related to the violation of the right to freedom and personal inviolability when selecting a measure of restraint in form of detention and extension of the expiration date, deals with the General elements of the claim of lawfulness guaranteed by article 5 of the Convention for the protection of human rights and fundamental freedoms, as well as some additional safeguards to protect against arbitrary and unjustified deprivation of liberty. Novelty/originality/value: Article has a practical value since, based on the analysis of numerous European Court practice, the authors identified some problematic aspects in the application by national courts of the legislation on preventive measures in the form of detention.