Practice of the courts shows that sometimes individuals give money or other property to someone with the aim of obtaining some illegal result. If promises are not fulfilled, usually claims for the return of the money given are filed in civil court. However, as a rule, it is not possible to recover such money through court procedures.
Medianews.az reports that the Supreme Court has issued information on this matter.
It was stated that in the course of legal evaluation of any claim requirement in civil court proceedings, the first step is to find a legal basis corresponding to the claimant’s demand. To satisfy any monetary claim in civil law, the claim must arise from a contract, damage, unjust enrichment, or other grounds provided by law: “Money given for illegal purposes, however, does not rest on any legal basis. The legal system only protects lawful relations. If the money was given for an illegal purpose, then that relationship is no longer considered a civil legal relationship protected by law.
Courts, in such category of cases, primarily investigate for what purpose the money was given. Because to make use of legal protection, the relationship itself must be based on lawful and legitimate grounds in advance. If it is determined that the parties acted with the intent to obtain an illegal result, the claim is not upheld.
Furthermore, in such cases, individuals can face not only the risk of losing the money but also additional negative legal consequences. When signs of a legal violation appear in case materials, special decisions may be made by courts and the materials sent to the prosecution bodies for procedural evaluation.
To avoid these risks, citizens are advised to establish their legal relations only on lawful and legitimate grounds and to refrain from illegal relations.”