The rights of suspects and accused persons guaranteed by articles 22 and 27 of the Constitution are violated as a result of a formal mechanistic approach to the selection of preventive measures in the form of detention and automatic extension of detention. No one is responsible for this. The author of this article tells about some aspects of this problem and suggests ways of its solution. Article by Artem Grishin, Deputy Managing Partner of Alliance Legal CG, for the professional publication "Avocatskaya Gazeta".