Технологии и право
Technology and Law
Contributor(s): Angel Shopov (Editor)
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Sociology, Methodology and research technology, Law on Economics, Sociology of Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: technology; law; historical and socio-economic context; public law; security; private law
Summary/Abstract: Proceedings of Scientific Conference with an International Participation held at the University of Plovdiv on 30 October 2024 in a hybrid mode. Organized by at team of the Law Faculty marking November 1st – the Day of the National Leaders and the Anniversaries of the Birth of Our Prominent Law Professors: 90th Anniversary of Prof. Vasil Mrachkov, DSc., and the 70th Anniversaries of Prof. Polya Goleva, PhD, of Prof. Yonko Kunchev, DSc., and of Assoc. Prof. Krassen Stoychev, DSc.
- Print-ISBN-13: 978-619-7768-49-7
- Page Count: 489
- Publication Year: 2025
- Language: English, Bulgarian
Гарантирано ли е конституционното право на труд в Република България с навлизането на изкуствения интелект?
Гарантирано ли е конституционното право на труд в Република България с навлизането на изкуствения интелект?
(Is The Constitutional Right To Work Guaranteed In The Republic Of Bulgaria With The Introduction Of Artificial Intelligence?)
- Author(s):Polya Goleva
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Methodology and research technology, Health and medicine and law, Sociology of Law
- Page Range:25-35
- No. of Pages:11
- Summary/Abstract:This article advocates the opinion that the right to work, recognized as a fundamental right of every person, is becoming increasingly difficult to exercise in the Republic of Bulgaria, despite its formal enshrinement in the Constitution. The state not only fails to guarantee its realization, but also does not create the necessary conditions for its enforcement. The article indicates the main obstacles to the right to work, but the emphasis is placed on the digitalization of labor and the introduction of artificial intelligence. Author’s special attention is paid to two of the most essential professions in any society, including Bulgaria – medicine and law. Artificial intelligence and related applications are displacing and rendering individual human labour in-creasingly unnecessary, which negatively affects the right to work. At this stage of development, technologies, software programs, ChatGPT, Zoom, Skype, Copilot, and many other forms of artificial intelligence still play a supporting role and do not yet pose an obvious threat of unemployment. However, the growing obsolescence of highly skilled labour and the loss of human relevance in the competition with increas-ingly advanced technologies should soon be expected.
Наказателноправна природа на криминалистиката
Наказателноправна природа на криминалистиката
(Criminal-Law Nature Of Criminalistics)
- Author(s):Yonko Kunchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:36-59
- No. of Pages:24
- Summary/Abstract:Criminalistics is part of the system of criminal law sciences. Its subjectincludes the methodology (theory and methods derived from it) for the collection andexpert examination of evidence in the criminal process. In accordance with its subjectmatter, forensics scientifically assists in uncovering the objective truth in the criminalproceedings. Criminalistics is based on criminal and criminal procedural law and contributesto the improvement of criminal procedural institutions. The legal foundations of criminalistics also include a number of by-laws (for automated identification systems,police registration, investigation procedures, international cooperation for the exchangeof dactyloscopic data, and more. Competence in criminalistics within pre-trialproceedings and by the court is one of the key prerequisites for the effectiveness ofthe criminal process. Criminalistics is institutionalized through criminalistics laboratories,institutes, and academic forums, and international exhibitions on forensic techniques.According to the Treaty on European Union (Art. 30, Para 1) and the Lisbon Treaty,member states are committed to police cooperation in the field of criminalistics.
За социалните права на гражданите в уязвимо материално положение и технологиите за оцеляване
За социалните права на гражданите в уязвимо материално положение и технологиите за оцеляване
(About The Social Rights Of Citizens In A Vulnerable Material Situation And Survival Technologies)
- Author(s):Yaroslava Genova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:60-69
- No. of Pages:10
- Summary/Abstract:The article examines issues related to the technologies for material survival of the poorest citizens in Bulgaria, both in terms of the legal framework and the actual social reality. In theory, the social system of a welfare state - which, according to the preamble of Bulgarian Constitution, our State is intended to be - is expected to function as a safety net, ensuring that no one falls below the at-risk-of-poverty threshold. In practice, however, there are poor citizens covered by the welfare system who still remain poor, as well as citizens outside the system, who are forced to develop their own survival technologies.
Защита на основните права в цифровата ера: предизвикателства в конституционното право във връзка със защитата на личните данни
Защита на основните права в цифровата ера: предизвикателства в конституционното право във връзка със защитата на личните данни
(Protection Of Fundamental Rights In The Digital Era: Challenges In Constitutional Law Regarding The Protection Of Personal Data)
- Author(s):Todor Rogoshev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
- Page Range:70-80
- No. of Pages:11
- Summary/Abstract:The article examines the balance between the right to privacy and na-tional security in the digital era. It analyzes constitutional and international legal standards for the protection of privacy, as well as the case law of the Constitutional Court, the European Court of Human Rights, and the Court of Justice of the European Union. Attention is given to the challenges of cybersecurity, mass data collection, and the need for proportionate measures. In conclusion, the importance of preventive solutions and cooperation between the state and the private sector is emphasized in order to achieve a sustainable balance between security and fundamental rights.
За стигмите и догмите в обучението за придобиване на висше образование по право
За стигмите и догмите в обучението за придобиване на висше образование по право
(On Stigmas, Dogmas And Perspectives For Higher Education In Law)
- Author(s):Daniela Doncheva, Ekaterina Salkova
- Language:Bulgarian
- Subject(s):Social Sciences, Education, Law, Constitution, Jurisprudence, Higher Education , Sociology of Law
- Page Range:81-99
- No. of Pages:19
- Summary/Abstract:Acquisition of higher legal education and legal education itself have al-ways been topics of public importance and therefore widely discussed, with extremely polarized opinions on all issues – the number of existing faculties in our country, th equality of education in them, the value and strength of traditions and the need for change. However, more than 30 years have passed in controversy over fundamental or non-fundamental issues, during which time many faculties in this country have been edu-cating and training future lawyers not only without a final decision on any of the issues but also without the possibility of future predictability. In these years of uncertainty and ambiguity, the only constant has been the rising and multiplying expectations, requirements, and conditions that law schools, their faculty, and their trainees and graduate students must meet. Thus, they all become hostages in the ‘battle’ between the stigmas and dogmas of the past and the new realities, but especially the challenges of the future technological world to which we must be relevant and to which we must respond.
Относно процеса на цифровизиране на изворите за римското право и историята на правото и проблема за автентичността на техните цифрови копия
Относно процеса на цифровизиране на изворите за римското право и историята на правото и проблема за автентичността на техните цифрови копия
(The Digitization Process Of Sources Of Roman Law And Legal History And The Challenge Of The Authenticity Of Their Digital Copies)
- Author(s):Methody Todorov
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Methodology and research technology, Roman law
- Page Range:100-115
- No. of Pages:16
- Summary/Abstract:The digitization of sources for the study of Roman law and legal historyis a process that began at the end of the 20th century. However, even today it is notcomplete, and its development poses new problems. Particularly significant is thequestion of the correspondence between the manuscript or printed text of a sourceand its digital copy. Difficulties arise with regard to the nature of the sources and especially their physical medium: papyrus, paper, stone, or bronze. This paper discussesthe possibilities offered by modern technology for the satisfactory digital reproductionof sources for research purposes and the problem of whether, in contemporaryepigraphy, papyrology, and codicology, it is possible to replace the originalsource with its digital copy – and under what conditions this is feasible.
Някои технологии за повишаване на активността при гласуване в България
Някои технологии за повишаване на активността при гласуване в България
(Some Technologies To Increase Voting Activity In Bulgaria)
- Author(s):Zornitsa Yordanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:116-131
- No. of Pages:16
- Summary/Abstract:The report examines some of the problematic aspects of the normative regulation in Bulgaria concerning elections and referenda and proposes possibilities for changes in the legislation with a view to increase Bulgarian voters’ activity. Given the significant decline in the percentage of Bulgarian citizens voting in recent years, one of the most important tasks of the National Assembly is to identify the optimal methods to guarantee not only the full realization of the voting rights of citizens, but also the actual respect of their political will.
Електронно гласуване и дискриминация
Електронно гласуване и дискриминация
(Electronic Voting And Discrimination)
- Author(s):Blagoy Deliev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:132-147
- No. of Pages:16
- Summary/Abstract:The relationship between equality and freedom is indicative of the elections such as technology and law. The article focuses on the challenges related to accessibility and the inclusion of different forms of electronic voting, and how these relate to equality. On the one hand, new technological perspectives contribute to counteracting various irregularities in the electoral process, and on the other hand, they create new ones. The future development of the tools through which democracy is implemented must not come at the cost of perpetuating long-standing social problems.
Прилагане на информационни и комуникационни технологии в нормотворческия процес в Република България
Прилагане на информационни и комуникационни технологии в нормотворческия процес в Република България
(Implementation Of Information And Communication Technologies In The Legislative Process Of The Republic Of Bulgaria)
- Author(s):Hristo Paunov, Victoria Paligorova
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Sociology, Methodology and research technology, Sociology of Law
- Page Range:148-162
- No. of Pages:15
- Summary/Abstract:The report examines the implementation of Information and Communication Technologies (ICT) in the legislative process of the Republic of Bulgaria. The analysis focuses on the legal framework regulating the use of ICT in the development, discussion, and adoption of normative acts, while also emphasizing its role in enhancing the efficiency, transparency, and accessibility of lawmaking. The report outlines the key normative acts governing the application of ICT in the legislative process. Special attention is given to the procedures set forth in the Law on Normative Acts and the possibility for electronic public consultations and participation of citizens and stakeholders in the drafting of normative documents. The use of ICT in this context is seen as a tool for facilitating communication between institutions, citizens, and businesses. At the same time, the report addresses challenges related to data security, personal information protection, and cybersecurity in the electronic administration of the legislative process.
Да разбереш наборите от данни: предизвикателства при обучението на изкуствен интелект в областта на сигурността
Да разбереш наборите от данни: предизвикателства при обучението на изкуствен интелект в областта на сигурността
(Datasets Unveiled: Challenges In Training Ai For The Security Domain)
- Author(s):Georgi Dimitrov, Denitsa KOZHUHAROVA
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Methodology and research technology, EU-Legislation, Sociology of Law
- Page Range:165-181
- No. of Pages:17
- Summary/Abstract:The rapid evolution of technology, and the recently adopted legal framework at the European Union level, poses significant challenges for both deployers and providers of AI-based systems. Ensuring the quality of datasets used to train artificial intelligence is crucial for meeting the requirements of robustness, transparency, and accuracy. It is essential to verify the origin and method of collection or creation of these datasets, as well as the mechanisms though which they are used to train AI models. These steps are mandatory to ensure the ethical and legally compliant development of AI systems.In the security domain, AI-based systems are increasingly employed by law enforcement agencies for operational purposes and the maintenance of public order. These systems are often classified as high-risk due to their substantial impact on individual privacy, particularly through profiling and the use of big data (point 6, Annex III to Regulation (EU) 2024/1689). Therefore, it is imperative to ensure data protection by design and to establish appropriate legal requirements for the development of such software.
Международни договори, сключени по дигитален път: примери и перспективи
Международни договори, сключени по дигитален път: примери и перспективи
(International Treaties Concluded Through Digital Means: Examples And Perspectives)
- Author(s):Georgi Bakyov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
- Page Range:182-203
- No. of Pages:22
- Summary/Abstract:The digitization of international treaty-making has introduced a new dy-namic to global diplomacy, enabling states and organizations to conclude agreements far more effectively through electronic means. This report examines notable examples of international treaties concluded digitally, focusing on the legal, technical and opera-tional implications of such agreements. Furthermore, it explores future perspectives on the role of digital platforms in facilitating international cooperation and the potential challenges they pose.
Преосмисляне на подхода на ЕС към регулиране на цифровите и медийните услуги
Преосмисляне на подхода на ЕС към регулиране на цифровите и медийните услуги
(Redefining The EU Approach To Regulating Digital And Media Services)
- Author(s):Mariya Yurukova
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, International Law, Sociology, Methodology and research technology
- Page Range:204-223
- No. of Pages:20
- Summary/Abstract:The persistent, rapid pace of development of new technologies and the increasing use of digital services in people’s everyday life have placed the law in a constantly reactive position. In recent years, in the search for a balance between managing digital space and protecting the right to freedom of expression, the European Union has undertaken a series of ambitious new legislative reforms. Their main goal is to ensure an adequate informational environment in the digital age – one that fosters technological innovation and, by extension, economic growth, while simultaneously upholding the public interest and the fundamental rights of European citizens.This report advances the central hypothesis that the European Union is introducing a more centralized approach to the regulation of both digital and media services, with the dual aims of harmonising the internal market and mitigating legal fragmentation across Member States. The analysis focuses on the Digital Services Act and the European Media Freedom Act, seeking to elucidate the EU’s regulatory approach in these do-mains. The report highlights critical parallels between the two legislative instruments, particularly regarding their implementation mechanisms, including the establishment of new supranational regulatory bodies. Furthermore, it examines the opportunities and challenges arising from this regulatory paradigm, with particular emphasis on its implications for foundational EU principles, such as subsidiarity.
Трансферът на данни в рамките на ЕС и към трети страни
Трансферът на данни в рамките на ЕС и към трети страни
(Data Transfer In The EU And Towards Third Countries)
- Author(s):Zhanin Al-Shargabi, Nikola Uchkunov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
- Page Range:224-238
- No. of Pages:15
- Summary/Abstract:The protection of personal data stands out as one of the most pressing topics of the last decade. The issue of its processing and transfer is multifaceted, and protecting personal data is not only the responsibility of states, which must safeguard the fundamental rights of their citizens, but also requires a more comprehensive review of the obligations imposed on the private sector. While relative clarity has emerged in recent years regarding practices at the national and European levels, the issue of data transfers to third countries is still open. This paper aims to examine the applicable data protection standards at European level, as well as the practices concerning data trans-fers to third countries. There is ongoing concern about whether other jurisdictions with close economic relations with Europe, such as the US, China, Saudi Arabia, etc., maintain sufficiently strict regimes to protect users’ personal information. How, then, should a data controller proceed when transferring data to partners in a third country to provide service? What are the hidden risks associated with new technologies, such as cloud services, where data transfers may not be fully traceable? This paper will address these and other relevant questions. Last but not least, building on existing legislative initiatives, the paper will also propose a standard for data protection in transfers to third countries.
Технологичните иновации като неделима част от медицината на бъдещето – правни аспекти
Технологичните иновации като неделима част от медицината на бъдещето – правни аспекти
(Technological Innovations As An Integral Part Of The Medicine Of The Future – Legal Aspects)
- Author(s):Antonia Ilieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:239-248
- No. of Pages:10
- Summary/Abstract:In modern society, technological innovations and advancements have occupied a leading place from the beginning of the 20th century to the present day. The most tangible innovations in technology are registered in health care, pharmacy, administrative activity, the automotive industry, architectural planning, housing construc-tion, energy, etc. The Covid-19 pandemic and the pressure of the spread of the virus worldwide strained health systems to the limit. The restrictive measures that were introduced suspended the scheduled admission of patients, surgical interventions, as well as overall access to medical and health facilities. The conclusions reached by health authorities worldwide, after the peak of the pandemic has passed, can be summarized as follows - there is an urgent need to introduce accelerated digitization of the health system, regulatory measures, and the active introduction of telemedicine into the health system, as well as the implementation of digital health technologies that would have a positive impact on the monitoring of patients with chronic conditions. Undoubtedly, their implementation would lead to a reduction in costs and an increase in access to health services.
Криптовалути и тяхното данъчно облагане
Криптовалути и тяхното данъчно облагане
(Cryptocurrencies And Their Taxation)
- Author(s):Petar Yanev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:249-263
- No. of Pages:15
- Summary/Abstract:This study examines the most frequently raised questions regarding the taxation of income from trading cryptocurrencies by individuals or legal entities. Atten-tion is given to the methods of income declaration, as well as the legal framework regulating public relations related to cryptocurrency trading. The legislation of some Member States of the European Union is analyzed, and a comparative legal review is made between the different aspects within these countries.
Протоколът по чл. 50 от ДОПК
Протоколът по чл. 50 от ДОПК
(Protocol Under Article 50 Of The Tax And Social Insurance Procedure Code)
- Author(s):Nedyalko Petrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:264-277
- No. of Pages:14
- Summary/Abstract:This report examines the role of the protocol under Article 50 of the Tax and Social Insurance Procedure Code in proving facts in tax proceedings. It analyzes the individ-ual elements of the protocol and their significance for establishing facts and circumstances in the process. An analysis of the evidential strength of the protocol is conducted, taking into account the requirements for its preparation and the implications of missing elements. Attention is also given to the drafting of a protocol when collecting data from technical media. Additionally, the preparation of a protocol for securing evidence is discussed.
Дар или каквато и да е облага, която не се следва на длъжностното лице по чл. 301, ал. 1 НК
Дар или каквато и да е облага, която не се следва на длъжностното лице по чл. 301, ал. 1 НК
(A Gift Or Any Other Undue Benefit To The Official Under Art. 301, Para. 1 Of The Criminal Code)
- Author(s):Darina Koseva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:278-289
- No. of Pages:12
- Summary/Abstract:The object of passive bribery under Art. 301, para. 1 of the Criminal Code is defined in the disposition of the legal norm as a gift or any undue benefit’ to the official. The analysis of the provision under Art. 301, para. 1 of the Criminal Code presupposes conclusions regarding the specifics of the object of passive bribery – the gift is considered a bribe, which is different from the benefit. Unlike the gift, the benefit is subject to a regulatory requirement to be undue, and it is defined as ‘any’ benefit (both material and immaterial in nature). The development of technologies and the diversity of immaterial benefits in the modern world pose a number of challenges to those interpreting and applying the legal framework on bribery – the lack of clear criteria for distinguishing a gift from a benefit, the difficulty in determining the monetary value of immaterial benefits, the issue of their suitability, the hypothesis of accepting such benefits, the impossibility of confiscating im-material benefits under Art. 307a of the Criminal Code, and the inability of such benefits to serve as revealing circumstances of an act under Art. 301, para. 1 of the Criminal Code.
Прилагането на компютърна симулация при провеждане на следствен експеримент
Прилагането на компютърна симулация при провеждане на следствен експеримент
(The Application Of Computer Simulation In Conducting An Investigative Experiment)
- Author(s):Kristiyan Torlozov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:290-295
- No. of Pages:6
- Summary/Abstract:The mode of economy when performing investigative actions is related to the professionalism of persons performing investigative actions, the participation of the necessary specialists to perform investigative actions, and the technical means that facilitate the conduct of the investigative experiment. During the investigative experi-ment, not only the reproduction of any phenomenon or fact is carried out, but also the production of actions similar to those under investigation, and the creation of a model of a fact, event, or phenomenon. By using computer-generated simulations of the sit-uation at the scene of the accident, significant state resources can be saved in the investigation of crimes, while advanced technology at the same time provides a signif-icant guarantee of revealing the objective truth.
За нуждата от реформа в системата на наказанията в Република България
За нуждата от реформа в системата на наказанията в Република България
(On The Need For Reform In The System Of Punishments In The Republic Of Bulgaria)
- Author(s):Ivan Ranchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:296-308
- No. of Pages:13
- Summary/Abstract:This report examines certain issues related to the system of sanctions in Bulgarian criminal law that necessitate reform. Attention is given to the need to abol-ish the most severe punishment – life imprisonment without parole; to the alarming trends regarding the most frequently imposed punishment - imprisonment; to the underestimated importance of probation, property sanctions, and deprivation of rights; as well as to the lack of relevance, under modern conditions, of the lightest form of punishment – public censure.
Технологии и облигационно право (два примера)
Технологии и облигационно право (два примера)
(Technologies And The Law Of Obligations (Two Illustrations))
- Author(s):Krasimir Mitev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:311-330
- No. of Pages:20
- Summary/Abstract:The article examines the influence of technological development on the Law of Obligations, taking as an example two of its basic institutions: formation of contract and [the concept of] obligation. Since the late 20th century, internet technologies have become the primary medium for communication, allowing the rapid transmission of messages containing vast amounts of information. Has this technology influenced the regulation of contract formation? The last decade has seen the expansion of blockchain technology, which supports the distributed recording of encrypted data. This environment is dominated by computer programs that, under predefined conditions, automatically perform predefined actions (so-called ‘smart contracts’). But what is the role of the legal concept of obligation – the binding legal relationship that compels the debtor to render performance to the creditor – within this computerized space?
Правна защита на домейн име
Правна защита на домейн име
(Legal Protection Of A Domain Name)
- Author(s):Petar Topurov
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Methodology and research technology
- Page Range:331-351
- No. of Pages:21
- Summary/Abstract:The publication explores the legal protection of domain names in the context of their possession based on a legitimate title. It analyzes the concept of a domain name and the legal nature of the rights associated with its registration, as well as the mechanisms provided by the legal system to resolve disputes between parties asserting competing claims to a given domain name. The focus is placed on the prelimi-nary checks during the registration process, subsequent arbitration procedures, judicial remedies, and actions before the Commission on Protection of Competition. The study concludes that there exists a broad range of legal remedies available to affected parties, while also emphasizing the need for a clear regulatory framework grounded in explicit principles governing the legal protection of domain name rights.
Medical Liability And Artificial Intelligence: How Tort Law May Affect The Use Of Automated Devices
Medical Liability And Artificial Intelligence: How Tort Law May Affect The Use Of Automated Devices
(Medical Liability And Artificial Intelligence: How Tort Law May Affect The Use Of Automated Devices)
- Author(s):Alfio Guido Grasso
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Health and medicine and law
- Page Range:352-371
- No. of Pages:20
- Keywords:artificial intelligence; medical equipment; robotics; clinical decision support systems; negligence; European law
- Summary/Abstract:The field of medicine is among the areas most heavily affected by the development and application of artificial intelligence. However, this advancement raises ethical and legal issues that are difficult to resolve, especially in cases of harm caused by medical devices capable of autonomous decision-making. In assessing the behaviour of a physician who has used a faulty robotic or diagnostic medical device, the level of control over the device and the accuracy with which the patient has been informed are relevant. These difficulties must also be considered in light of recent legislative pro-posals in the European context, which seek to address the phenomenon of artificial in-telligence from an integrated perspective – both by establishing the requirements it must meet in order to minimise the risk of harm, and from an ex post perspective to better address harm produced. The precision and accuracy of these devices must not be overlooked, and their supervised development should also be promoted through ap-propriate and targeted liability rules, rather than merely repressive ones.
ИИ, ИИ на стената, кой е най-добрият автор на земята? Предизвикателства на правото на интелектуална собственост пред генеративния ИИ
ИИ, ИИ на стената, кой е най-добрият автор на земята? Предизвикателства на правото на интелектуална собственост пред генеративния ИИ
(AI, AI On The Wall, Who Is The Best Author Of Them All? Intellectual Property Law Challenges With Generative AI)
- Author(s):Georgi Hristov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:372-393
- No. of Pages:22
- Keywords:Generative Artificial Intelligence; Intellectual Property Law; Authorship; Creativity; Originality; Copyright Infringement; Law and Technology
- Summary/Abstract:This paper explores the implications of the emergence and widespreadapplication of generative artificial intelligence (AI) on intellectual property law. The work is structured in three main parts. The first part introduces key technological concepts involved in building generative AI models, focusing primarily on large language models, in order to highlight the most relevant issues affecting IP Law. The second part addresses the question of whether AI models can be consideredauthors, viewed through the lens of both computer science and existing legal systems. The third part outlines the prospects for a potential reform of copyright law inresponse to the creation of AI-generated works.
Частична автоматизация на лицензионно съответствие при използване на софтуер с отворен код
Частична автоматизация на лицензионно съответствие при използване на софтуер с отворен код
(Partial Automation Of Open Source Software License Compliance)
- Author(s):Vladimir Slavov
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Civil Law, ICT Information and Communications Technologies
- Page Range:394-405
- No. of Pages:12
- Keywords:software; open source software; software licensing; license compliance; legal automation; process
- Summary/Abstract:Software is subject to copyright protection. Therefore, in order to use a piece of software, any entity other than the copyright holder must rely on a legal basis, such as a license. Open source software is a specific kind of software which, in some industries, reaches up to 85 % of all used software. What distinguishes open source software is the special category of licenses it relies on. These open source licenses grant a broad range of rights to the licensee, but they also require the fulfillment of obligations in certain cases, such as when a copy of the software or a derivative work thereof is distributed to third parties. This creates a necessity for organizations to develop processes that evaluate whether, and to what extent, components under particular open source licenses can be used in certain business contexts. The more open source software components an organization uses, the greater the need to enhance the process with automation. As a result, the role of legal professionals in this process changes significantly.
Правно-организационни форми на капитала и труда в епохата на добавената стойност
Правно-организационни форми на капитала и труда в епохата на добавената стойност
(Legal And Organizational Forms Of Capital And Labor In The Era Of Value Added)
- Author(s):Silviya Topleva
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Business Economy / Management
- Page Range:406-426
- No. of Pages:21
- Keywords:value added; user undertaking; variable capital company; digitalization
- Summary/Abstract:The productive application of modern high-level information and communication technologies is transforming the economy, business, the social sphere, and their legal regulation. The economic context of digitalization determines the formation of a new economic system based on value added. The concept of value added refers to generating and obtaining a higher degree of welfare, going beyond the utility, productivity and efficiency of products, services and processes. This concept of value added gradually permeates the sphere of law and leads to the emergence of new legal and organizational forms of capital and labour. The manifestation of the value-added idea in commercial law is linked to the formation of a new legal entity - the variable capital company. Its aim is to encourage the creation of and investment in innovative compa-nies. Partners can structure the statutes to achieve a higher degree of value added for the enterprise and their business idea by taking advantage of capital companies without having to endure the accompanying heavier administrative procedures. An expression of this trend in labour law is the institutionalization of the user undertaking figure. The user undertaking represents an emanation of the value-added idea through the productive use of labour power, without bearing the administrative and financial burden of employer status. The legal and organizational forms of capital and labour in the era of value added generate many benefits for their users, but they also pose risks for other stakeholders.
Допустим и необходим ли е контролът с технически средства от страна на работодателя над поведението на работниците и служителите, включително в електронна среда?
Допустим и необходим ли е контролът с технически средства от страна на работодателя над поведението на работниците и служителите, включително в електронна среда?
(Is The Employer’s Control By Technical Means Over The Employees’ Behavior, Including In An Electronic Environment Admissible And Necessary?)
- Author(s):Andrey Aleksandrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:427-445
- No. of Pages:19
- Keywords:employer’s control; information and communication technologies; breaches of the labour discipline; personal data protection
- Summary/Abstract:New information and communication technologies not only allow but also make it inevitable that an increasing number of work duties are performed online. In this respect, the first regulation of its kind in EU legislation on the working conditions of platform workers (or the so-called Platform Workers Directive) is also indicative. Although beyond the scope of this study, it stands as indisputable proof of the importance of Internet communication today – something that only a few dec-ades ago seemed like science fiction. A huge number of people around the world, including in our country, spend all or almost all of their working time in front of a computer or other electronic device, communicating predominantly with colleagues, managers, and third parties in an electronic environment. This situation necessitates an ongoing discussion about the limits of employer control over employee behaviour online. Formulated more generally, this question can also be put as follows: how far does the employer’s freedom to control his employees by technical means extend?
Установяване на дисциплинарно нарушение посредством видеозапис
Установяване на дисциплинарно нарушение посредством видеозапис
(Documenting Violations Of Workplace Rules Through A Video Recording)
- Author(s):Maria Ivanova Radeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Court case, Labour and Social Security Law
- Page Range:446-458
- No. of Pages:13
- Keywords:Labour Code; breaches of workplace discipline; video recording
- Summary/Abstract:Monitoring workplace discipline through surveillance cameras is no longer an isolated phenomenon. In this regard, the Commission for Personal Data Protection has issued guidelines on the admissibility of video surveillance in the workplace. An analysis of case law shows that, in the past two years alone, a number of la-bour disputes have relied on video recordings to establish relevant facts. The purpose of this article is to examine how video recordings can be used as evidence in labour disputes, including for establishing violations of workplace discipline.
За новата автоматизирана информационна система за производствата по несъстоятелност и стабилизация и регламент (ЕС) 2015/848 относно производствата по несъстоятелност
За новата автоматизирана информационна система за производствата по несъстоятелност и стабилизация и регламент (ЕС) 2015/848 относно производствата по несъстоятелност
(About The New Automated Information System Of Insolvency And Restructuring Proceedings And Regulation (EU) 2015/848 Regarding Insolvency Proceedings)
- Author(s):Alexander Alexandrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:459-475
- No. of Pages:17
- Keywords:insolvency; restructuring; discharge of debts; Regulation (EU) 2015/848; Directive (EU) 2019/1023; insolvency register; European e-Justice Portal
- Summary/Abstract:The study analyzes the provisions of Regulation (EU) 2015/848 regard-ing the establishment, objectives, content and consequences of entries in insolvency registers. It also examines the Bulgarian legal framework related to the new auto-mated information system for insolvency and restructuring proceedings at the Minis-try of Justice (Insolvency and Restructuring Register), which is planned to be connect-ed to the European e-Justice Portal. The analysis includes a comparison between the information disclosed through the national insolvency register and that available through the company register regarding insolvency and restructuring proceedings.
Провеждане на медиация в електронна среда – специфики и предизвикателства
Провеждане на медиация в електронна среда – специфики и предизвикателства
(Conducting Mediation In An Electronic Environment – Specifics And Challenges)
- Author(s):Tomislav Toshkov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:476-489
- No. of Pages:14
- Keywords:mediation; civil process; stages; specifics; legal framework; electronic environment; online mediation
- Summary/Abstract:Mediation in an electronic environment is an increasingly relevant method of dispute resolution, especially in the context of the growing digitalization and globalization of business relations. This form of mediation has its own specifics and challenges that distinguish it from traditional methods. Key specifics include flexibility and accessibility, allowing participants to interact regardless of geographical limitations. Technologies such as video conferencing and online communication platforms facilitate the process while providing opportunities for quick and efficient dispute resolution. Despite these advantages, electronic mediation also presents a number of challenges, including information security and the protection of personal data. The lack of physical presence can also reduce the effectiveness of communication by making it harder to build trust and an emotional connection between the parties. Another important issue is the adaptation of the legislative framework for the recog-nition and regulation of agreements reached through online mediation.
