Proceedings of Scientific Conference. TECHNOLOGY AND LAW

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ISBN 978-619-7768-49-7

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A GIFT OR ANY OTHER UNDUE BENEFIT TO THE OFFICIAL UNDER ART. 301, PARA. 1 OF THE CRIMINAL CODE
(Plovdiv University Press, 2025-12-15) Koseva, Darina
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 immaterial 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.
ABOUT THE NEW AUTOMATED INFORMATION SYSTEM OF INSOLVENCY AND RESTRUCTURING PROCEEDINGS AND REGULATION (EU) 2015/848 REGARDING INSOLVENCY PROCEEDINGS
(Plovdiv University Press, 2025-12-15) Alexandrov, Alexander
The study analyzes the provisions of Regulation (EU) 2015/848 regarding 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 connected 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.
ABOUT THE SOCIAL RIGHTS OF CITIZENS IN A VULNERABLE MATERIAL SITUATION AND SURVIVAL TECHNOLOGIES
(Plovdiv University Press, 2025-12-15) Genova, Yaroslava
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.
AI, AI ON THE WALL, WHO IS THE BEST AUTHOR OF THEM ALL? INTELLECTUAL PROPERTY LAW CHALLENGES WITH GENERATIVE AI
(Plovdiv University Press, 2025-12-15) Hristov, Georgi
This paper explores the implications of the emergence and widespread application 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 considered authors, 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 in response to the creation of AI-generated works.
CONDUCTING MEDIATION IN AN ELECTRONIC ENVIRONMENT – SPECIFICS AND CHALLENGES
(Plovdiv University Press, 2025-12-15) Toshkov, Tomislav
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 plat-forms 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 recognition and regulation of agreements reached through online mediation.
CRIMINAL-LAW NATURE OF CRIMINALISTICS
(Plovdiv University Press, 2025-12-15) Kunchev, Yonko
Criminalistics is part of the system of criminal law sciences. Its subject includes the methodology (theory and methods derived from it) for the collection and expert examination of evidence in the criminal process. In accordance with its subject matter, forensics scientifically assists in uncovering the objective truth in the criminal proceedings. Criminalistics is based on criminal and criminal procedural law and contributes to 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 exchange of dactyloscopic data, and more. Competence in criminalistics within pre-trial proceedings and by the court is one of the key prerequisites for the effectiveness of the 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.
CRYPTOCURRENCIES AND THEIR TAXATION
(Plovdiv University Press, 2025-12-15) Yanev, Petar
This study examines the most frequently raised questions regarding the taxation of income from trading cryptocurrencies by individuals or legal entities. Attention 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.
DATA TRANSFER IN THE EU AND TOWARDS THIRD COUNTRIES
(Plovdiv University Press, 2025-12-15) Al-Shargabi, Zhanin; Uchkunov, Nikola
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 transfers 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.
DATASETS UNVEILED: CHALLENGES IN TRAINING AI FOR THE SECURITY DOMAIN
(Plovdiv University Press, 2025-12-15) Dimitrov, George; Kozhuharova, Denitsa
The rapid evolution of technology, and the recently adopted legal frame-work 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.
DOCUMENTING VIOLATIONS OF WORKPLACE RULES THROUGH A VIDEO RECORDING
(Plovdiv University Press, 2025-12-15) Radeva, Maria
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 labour 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.
ELECTRONIC VOTING AND DISCRIMINATION
(Plovdiv University Press, 2025-12-15) Deliev, Blagoy
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.
IMPLEMENTATION OF INFORMATION AND COMMUNICATION TECHNOLOGIES IN THE LEGISLATIVE PROCESS OF THE REPUBLIC OF BULGARIA
(Plovdiv University Press, 2025-12-15) Paunov, Hristo; Paligorova, Victoria
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.
INTERNATIONAL TREATIES CONCLUDED THROUGH DIGITAL MEANS: EXAMPLES AND PERSPECTIVES
(Plovdiv University Press, 2025-12-15) Bakyov, Georgi
The digitization of international treaty-making has introduced a new dynamic 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 operational 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.
IS THE CONSTITUTIONAL RIGHT TO WORK GUARANTEED IN THE REPUBLIC OF BULGARIA WITH THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE?
(Plovdiv University Press, 2025-12-15) Goleva, Polya
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.
IS THE EMPLOYER’S CONTROL BY TECHNICAL MEANS OVER THE EMPLOYEES’ BEHAVIOR, INCLUDING IN AN ELECTRONIC ENVIRONMENT ADMISSIBLE AND NECESSARY?
(Plovdiv University Press, 2025-12-15) Aleksandrov, Andrey
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 decades 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?
LEGAL AND ORGANIZATIONAL FORMS OF CAPITAL AND LABOR IN THE ERA OF VALUE ADDED
(Plovdiv University Press, 2025-12-15) Topleva, Silviya
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 companies. 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 with-out 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 bur-den 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.
LEGAL PROTECTION OF A DOMAIN NAME
(Plovdiv University Press, 2025-12-15) Topurov, Petar
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 preliminary 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
(Plovdiv University Press, 2025-12-15) Guido Grasso, Alfio
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 proposals in the European context, which seek to address the phenomenon of artificial intelligence 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 appropriate and targeted liability rules, rather than merely repressive ones.
ON STIGMAS, DOGMAS AND PERSPECTIVES FOR HIGHER EDUCATION IN LAW
(Plovdiv University Press, 2025-12-15) Doncheva, Daniela; Salkova, Ekaterina
Acquisition of higher legal education and legal education itself have always been topics of public importance and therefore widely discussed, with extremely polarized opinions on all issues – the number of existing faculties in our country, the quality 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 educating 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.
ON THE NEED FOR REFORM IN THE SYSTEM OF PUNISHMENTS IN THE REPUBLIC OF BULGARIA
(Plovdiv University Press, 2025-12-15) Ranchev, Ivan
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 abolish 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.

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