REFERRAL OF INDIVIDUAL ISSUES OF A CRIMINAL CASE FOR RESOLUTION IN CIVIL PROCEEDINGS

The article addresses problematic issues arising when the fate of a civil claim cannot be determined in a criminal case considered in a court of first instance, as well as in cases of termination of a criminal case or criminal prosecution in pre-trial proceedings. The purpose of the study is to substantiate the idea of the need to improve legislation, taking into account the analysis of the problems of regulating civil claims in criminal proceedings, as well as the use of property seizure in order to secure such a claim. Methods: in preparing the article, the dialectical method is used, as well as general scientific (logical, analysis, synthesis, induction, deduction) and specific scientific (formal legal, interpretation of legal norms) methods. Results: the authors have developed approaches related to solving problems of proving circumstances relating to the amount of harm caused by a crime when transferring the issue of its compensation from criminal to civil proceedings. Relevant case law is illustrated. The article proposes measures to ensure the safety of seized property at the onset of conditions associated with the change of the legal dispute resolution regime. The ways to optimise legislative regulation of this direction of law enforcement activity are outlined.