The possibility of circumstances being the reason for choosing and imposing measures of restraint

The article considers the issues of preventive character of measures of restraint that are being ambiguously interpreted in theory and practice of law enforcement based on the analysis of research studies in Procedural Law, legal norms, investigation and court practice including that of the European Court of Human Rights. The approach is suggested to determine the possibility of circumstances and the conclusion of possible occurrence of these circumstances is the reason for imposing measures of restraint. Some recommendations concerning taking into account the seriousness of the crime committed at the initial stage of legal proceedings while assessing the possibility of occurrence of negative consequences listed in Subsec 1 Part 1 of Article 97 of the Criminal Procedure Code of the Russian Federation are suggested for law enforcers.