The system of legal and moral correlations when dealing with measures of restraint as a procedural guarantee

Introduction: the article deals with the correlation of moral and legal foundations when dealing with measures of restraint. Strict measures of restraint particularly taking into custody are preferable for an enforcer. One of the reasons of frequent choose of strict measures is undervaluing morality by enforcers. Materials and Methods: in the course of the study various methods were used: materialistic dialectics; sociological, historical, formal legal etc. The materials of the study were the provisions of criminal procedure legislation, legal positions of the constitutional Court of the Russian Federation, explanations of the Plenum of the Supreme Court of the Russian Federation on law enforcement, works of masters of criminal procedure theory and modern authors; statistical indicators; materials of the studied criminal cases. Results: legal relations in criminal proceedings are always in connection with moral relations, but do not always coincide with them. Moral relations can have a decisive influence on ensuring the legality, validity and fairness of preventive measure. Discussion and Conclusions: the author of the article states that the existence of morality in criminal proceedings should be indicated at the level of the legislator, and a law enforcement agent should adhere to morality. This adherence is the main condition for the lawful, reasonable and fair election of a preventive measure.