Restitution and civil action in criminal cases in case of death of the victim

Introduction: the article deals with ensuring the property rights of the deceased victim; studies transition of the procedural rights of the victim and the civil plaintiff; the author analyses the court decisions on the return of items lost as a result of the crime and the resolution of a civil claim in the event of the victim's death. Materials and Methods: empirical and theoretical research methods were used, including selection of facts, comparison, abstraction, scientific and analytical approach. Results: when deciding on the use of restitution in criminal proceedings in the event of the death of the victim, the provisions of civil law governing the transfer of ownership must be taken into account. The transfer of the rights of a civil plaintiff to other persons in criminal proceedings is possible. However this right may pass to the successors not in all situations. Discussion and Conclusions: the acceptance of restitution by the legal successor of the victim and the transfer of the rights of the civil plaintiff to the legal successor in criminal proceedings is permissible only if there are grounds provided for by civil law for the transfer of property rights from the legal predecessor to the legal successor. Pre-trial investigators and courts need to take civil law into account when applying restitution and civil action provisions in criminal proceedings.