Humanities & Social Sciences 2 (2017 10) 249-254 ~ ~ ~ УДК 343.1 The Gravity of a Crime in Selection and Application of the Remand in Custody as a Pre-trial Restraint: Problems of Legal Regulation and Current Practice Aleksei B. Sudnitsyn* Siberian Juridical Institute of MIA of Russia 20 Rokossovskogo Str., Krasnoyarsk, 660131, Russia Received 20.09.2016, received in revised form 19.11.2016, accepted 15.12.2016 The article examines the impact of the crime severity on application of the remand in custody basing on the analysis of works of procedural law researchers, rules of law, investigation and judicial practice, including the European Human Rights miracle. <...> The article considers the problems of legal regulation and the current practice. <...> The author concludes and provides recommendations for law enforcers how to differentiate between the data on the severity of the crime and similar concepts when deciding to apply the remand of custody, as well the proper use of such data in practice in order to comply with the requirements of the law, the adoption of lawful, reasoned and motivated decision regarding the remand of custody. <...> Keywords: pre-trial restraints, selection and application of pre-trial restraints, remand in custody, grounds, conditions, data confirming grounds and conditions, data on the commitment of the crime of a certain gravity degree. <...> At the same time, the implementation of appointment of the criminal process is not possible without the provision © Siberian Federal University. <...> All rights reserved * Corresponding author E-mail address: ab_sudnitsyn@mail.ru – 249 – of competent authorities and officials with the authority to apply the state coercion, including restraints substantially limiting the freedom and inviolability of a person. <...> Among these measures, the remand in custody as a preventive measure occupies special place due to the high efficiency of the measure (in comparison with other pre-trial restraints), as well as its severity in relation to the person taken into custody. <...> In order to ensure a Aleksei B. Sudnitsyn. <...> The Gravity of a Crime in Selection and Application of the Remand in Custody as a Pre-trial… balance between the interests of an individual and the need for effective implementation of criminal justice, the legislator has established a system of grounds, conditions and circumstances that determine the possibility and necessity of selection and application of the remand in custody. <...> One of the elements of such a system is the gravity of the crime, which should be taken into account in the selection and application of the pre-trial restraints (Article 99, Code of Criminal Procedure of the Russian Federation). <...> The legislator states <...>