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The article analyses the main theoretical models of social justice in contemporary society. The aim of the research is to reach conclusions on the conceptual and functional relationship between the modern concept of the rule of law and social justice.
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Postizanje rodne ravnopravnosti kao ljudskog prava propisano je ustavima i zakonima o ravnopravnosti polova/rodnoj ravnopravnosti, antidiskriminacionim zakonodavstvom i cijelim nizom međunarodnih instrumenata ljudskih prava koje smo obavezni poštovati i primjenjivati. Odredbe kojima se štiti ravnopravnost i zabranjuje diskriminacija po osnovu pola/roda dio su i sistemskih i drugih propisa u različitim oblastima, od zakona, podzakonskih i drugih akata, pa sve do strateških i planskih dokumenata, odnosno javnih politika. U čemu je onda problem, pitamo se. Zašto ove deklarativne odredbe u zakonima ne znače odmah i njihovu primjenu u stvarnosti? Zbog čega i dalje postoje izražene rodne neravnopravnosti, pa čak i diskriminacija i nasilje kao ekstremni oblik diskriminacije? Zašto određene mjere vlasti imaju različite učinke na različite društvene grupe muškaraca i žena? Zašto naoko neutralne norme imaju nejednake efekte, iako nejednakost ili čak diskriminacija nisu uopšte bili namjera zakonodavca ili donosioca neke mjere? Zbog čega „ne vidimo“, odnosno odbijamo da vidimo da rodne nejednakosti postoje i da je njihovo uporno opstajanje zapravo legitimisana nejednakost u moći, podjeli rada i pristupu resursima?
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ljudska prava se temelje na pojmu urođenog dostojanstva svih ljudskih bića. Univerzalna su, neotuđiva, nedjeljiva i međuovisna. U Bosni i Hercegovini ljudska prava se štite na nivou države, kao i na nivou entiteta. Ustav Bosne i Hercegovine, te ustavi entiteta, na specifičan način štite ljudska prava, kroz direktnu primjenu Evropske konvencije o zaštiti ljudskih prava i osnovnih sloboda.
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The report examines the evolution of law as part of institutional change. A legal sociological approach is used, assuming that law is a basic social institution in the structure of the social system. The terms "institutions of law" and "sources of law" define the boundaries of the legal system within which law changes. The distinction between legal change as evolution in law and changes in legislation as a mechanism for effective regulation of public relations is perceived. The publication emphasizes the evolutionary function of the constitution as a source of law. It is argued that the evolution of law takes place at the constitutional level. From a sociological point of view, changes in the constitution are an element of social and institutional change, and from a legal point of view there is evolutionary legal thinking (a balance between legal dogmatics and substantial changes in legal thinking).
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The draft amendment to the Constitution of the Republic of Bulgaria from 2023 contains numerous proposals that are within the competence of the Grand National Assembly. This conclusion is based on a comparison of the content of proposed changes with the established practice of the Constitutional Court of the Republic of Bulgaria regarding the "form of government" in the sense of Art. 158, item 3 of the operation of the Constitution. It is indisputable that the discussion needs to be changed in the Basic Law and if it is to be entirely political in nature. But in view of the basic constitutional principles - rule of law, people's sovereignty, separation of powers and independence from the judiciary, proclaimed in the Basic Law, the political decisions of this discussion should undoubtedly be in line with them.
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It is a fundamental rule in the constitution of a democratic state to contain provisions related to changes to the basic law. Such was the understanding of the creators of the Constitution of the Republic of Bulgaria from 1991, who provided for such a legal regulation. It is contained in Chapter Nine of our basic law, entitled "Amendment and addition to the Constitution. Adoption of a new Constitution" - Art. 153 to Art. 163. Challenges in legal regulation related to changes in the Constitution are outlined according to material criteria and are fastened with special procedural guarantees in our basic law. In the exposition below, attention will be paid to some main points contained in the constitutional legal framework for revision of the Constitution by the National Assembly. The very fact that this activity is different from the usual daily legislative function of the parliament shows that the National Assembly is faced with the challenge of carrying out the changes in the basic law, considering all the features and specifics laid down in the constitutional law.
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In the present work, the reader's attention is again directed to the distinction between a state body and its administration and, in particular, the Minister of Culture from the Ministry of Culture. The administrations under the Minister of Culture and the administration of the Ministry itself are also examined, paying attention to the general and special administration.
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The digital environment provides new opportunities for artists and performers to create, produce and distribute musical products. At the same time, serious challenges arise for the protection of rights in musical works. The technological revolution has brought streaming to the forefront as a leading form of distribution and subscription as an essential part of the business model for rights management and income generation. At the same time, the digital environment reduces the possibilities for control over the use of works, increases oversupply and widens the gap between supply and demand. Generative artificial intelligence will increase both the opportunities and challenges for monetizing musical creativity. This paper examines the changes in the processes of creation and distribution of music products and their effect on artists and performers
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Photographers and artists are creators, representatives of two creative industries that create products subject of artistic property. The first are the owners of copyrights of the photographic works, and the second are the owners of the related rights of their own performances. The two categories of artists interact and work together. What intellectual property rights arise in the process of photographing of a stage performance, who owns these rights and how are they managed? What contracts and agreements are concluded between them and are the photographers and the artists equal partners?
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The increasingly active use of innovations based on artificial intelligence to create author's works and creative products is changing the publishing business environment and poses fundamental questions for the intellectual property system related to fundamental concepts such as "author", "creation", "work", whose answers will determine the direction of the development of the creative industries. The object of the research is artificial intelligence, and the subject - how the publishing business is affected by the implementation of artificial intelligence in the publishing activity, and the aim is to indicate the main problems and challenges facing the publishing industry today.
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The subject of the publication is intellectual property in periodical printing as a segment of the publishing business. Book publishing is often presented as the entire publishing activity. The sector of periodicals is omitted, which forms a huge share of the publishing output and the most circulated one, covering the largest number of authors. The focus of the research is copyright protection in the publishing of newspapers and magazines in Bulgaria and the EU. Media diversity and freedom of speech are core values in the Charter of Rights of the European Union. Publishers of periodicals in the EU are facing new realities - copyrights are violated by Internet giants, platforms, news aggregators, etc., which also applies to the Bulgarian media. The long-term operation and prosperity of the diverse and economically successful magazine and newspaper publishing industry depends on ensuring effective protection of intellectual property. It is important to respect the publisher's right to create an enabling environment for newspapers and magazines, their websites and apps, especially for journalists, photographers, designers, etc., to continue working with high professional standards to provide news, audience analytics and copyright information.
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This paper examines the legal instruments available to creditors for claims against a company with variable capital and more specifically the guarantee function of capital and the possibility of engaging in the personal liability of board members and controlling partners. A conclusion is made about the essence of penetrating liability as a special type of tortious liability, expressly provided for in the law to override the general rule that the company is independently liable for its obligations only with its own property.
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The text covers issues related to copyright in the context of artificial intelligence (AI). It emphasizes the need for clear legal frameworks to regulate works created by AI, especially in cases involving Strong and Generative AI. The idea is that such programs generate works that don't entirely match the characteristics of human creators. It discusses questions of authorship and rights, proposing various alternatives to resolve conflicts, including granting rights to the programmer or the program itself. The text expresses the need for swift and appropriate legislation capable of justifying and protecting the rights of all participants in the process of creating works through artificial intelligence.
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Impact assessment originated in the USA in the 1970s. Subsequently, almost all countries in the developed world introduced various forms of regulatory impact analysis and assessment. In Bulgaria, impact assessment has been talked about since the beginning of the 21st century. The creation of a legal framework, methodological documentation and administrative capacity begins. Academia and some non-governmental organizations are actively involved in the noble undertaking. Various programs and projects are being implemented. However, during the first 15 years, there were no serious practical results. In 2016, the impact assessment received its (long-awaited) legal regulation. A series of by-laws and methodological documents follows. A certain administrative capacity is being formed. There are decisive steps in the right direction and the results (although still modest) are not long in coming. This scientific report is dedicated to the genesis and development of impact assessment, the current regulation and practical impact assessment in Bulgaria over the last 7 years.
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In Interpretative Decision No 5/2021, the SCC ruled on the labour law issue of the application of the new ground for dismissal of pedagogical specialists, in respect of which a contradictory practice of the SCC itself has accumulated since 2016. Since dismissal ground is conviction for a crime, the problem has significant criminal law aspects that the SCC has not taken into account, which is why the argumentation of the decision and the dissenting opinion suffer from serious imperfections.
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In the history of the law of the Bulgarian state, with the change of the political situation, the basic law also changes. Every newly adopted constitution is an expression of the basic principles, institutes and state bodies. The Constitution of the People's Republic of Bulgaria of 1947 marks the beginning of a new political model of governance.
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In the present study a reasoned conclusion is made that the existence of three separate legal figures to implement the procedural representation of private legal entities or persons in criminal proceedings, namely - a defender, an attorney-at-law and a special representative, is superfluous. All three legal figures serve an identical function in criminal process and their statutory regulation is largely the same. Based on the similarities and differences between the three legal figures, the proposal to unite the defenderр the attorney-at-law and the special representative in one legal concept is justified. In particular, it is proposed that the three legal figures be united in the figure of the attorney-at-law. This new provision will facilitate enforcement as it will greatly simplify the legal framework. At the same time, it will not lead to any negative consequences for the relevant private legal entities or persons participating in the criminal proceedings.
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Among the goals pursued by law are justice, the common good and legal certainty. Legal certainty as a goal of law is also a value of the law itself and is part of its concept. The approach to its definition opens up avenues in different directions to be explored. This report will analyze the various meanings, arising from its main divisions, its main manifestations in the legal system and its main problems.
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Democracy represents the engine of societal evolution from an economic and legal standpoint but with a profound impact on the psycho-emotional relationships between individuals engaged in the mechanisms of communal life. Inherent to human beings is only natural right, that ensemble of harmoniously related and innate principles to man, a system that finds its origin in the a priori space of ontological nature. The majority of constitutions pertaining to free states affirm democracy as the sole instrument capable of providing citizens with freedom of conscience, expression, opinion, and last but not least, the decency of life as the primary condition for lifelong education and cultural refinement. This article explores the intricate relationship between democracy, natural law, moral consciousness, and individual autonomy, emphasizing their interconnected roles in developing a just and equitable society.
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