Judicial Administration Research Articles

Non-invasive diagnosis of bacterial and non-bacterial inflammations using a dual-enzyme-responsive fluorescent indicator.

Bacterial infections, as the second leading cause of global death, are commonly treated with antibiotics. However, the improper use of antibiotics contributes to the development of bacterial resistance. Therefore, the accurate differentiation between bacterial and non-bacterial inflammations is of utmost importance in the judicious administration of clinical antibiotics and the prevention of bacterial resistance. However, as of now, no fluorescent probes have yet been designed for the relevant assessments. To this end, the present study reports the development of a novel fluorescence probe (CyQ) that exhibits dual-enzyme responsiveness. The designed probe demonstrated excellent sensitivity in detecting NTR and NAD(P)H, which served as critical indicators for bacterial and non-bacterial inflammations. The utilization of CyQ enabled the efficient detection of NTR and NAD(P)H in distinct channels, exhibiting impressive detection limits of 0.26 μg mL-1 for NTR and 5.54 μM for NAD(P)H, respectively. Experimental trials conducted on living cells demonstrated CyQ's ability to differentiate the variations in NTR and NAD(P)H levels between A. baumannii, S. aureus, E. faecium, and P. aeruginosa-infected as well as LPS-stimulated HUVEC cells. Furthermore, in vivo zebrafish experiments demonstrated the efficacy of CyQ in accurately discerning variations in NTR and NAD(P)H levels resulting from bacterial infection or LPS stimulation, thereby facilitating non-invasive detection of both bacterial and non-bacterial inflammations. The outstanding discriminatory ability of CyQ between bacterial and non-bacterial inflammation positions it as a promising clinical diagnostic tool for acute inflammations.

The Judicial Administrative Power

The Judicial Administrative Power

Rationalization of Empiric Antibiotics Therapy in Patients Hospital Acquired Pneumonia at the East OKU Regional General Hospital

The use of antibiotics requires special attention to improve the quality of therapeutic results and prevent antimicrobial resistance. Through judicious administration of antibiotics, it is hoped that there will be an impact on the quality of treatment and control of microbial resistance. The method used in this research is descriptive analysis with a cross-sectional and retrospective research design, collecting data from medical record at East OKU Hospital for the period of 2016-2022. The analysis of the rationalization of the use of empiric antibiotics therapy showed that 65 % fell into the rational category, 35 % were irrational and had a total defined daily dose (DDD) value of 70.96 DDD/100 days of hospitalization.

Making China’s Apex Court (1928-1948): Legal History as viewed from Newly Opened Diaries

This article aimed to contribute to the global conversation on consequential courts by examining the history of the Judicial Yuan, China’s apex court from the 1920s to the 1940s, in terms of how it was viewed in diary entries by Chiang Kai-shek, the predominant political leader, by Ju Zheng, the President of the Judicial Yuan, and by Xie Guansheng, the Minister of Judicial Administration. This article is the first to engage with the diaries of these political and judicial leaders at the highest level to explore key aspects of the legal history of the Republic of China. This article focused on the structural and functional evolution of the Judicial Yuan that resulted from the informal daily interactions between the judicial leaders and the leading political figure in China between 1928 and 1948. It is contended that these interactions not only affected the development path but also substantively reshaped the structure and power of the Judicial Yuan. Chiang’s personal deference to the President of Judicial Yuan’s legal expertise in constitutional designing helped smooth the integration of a bigger national apex court into the newly formed central government system. The later more dramatic interactions between Ju Zheng and Chiang created one driving force for the China’s national apex= court to survive through the extremely turbulent times during the 1930s and the 1940s.As a result, these two decades of changes in China’s apex court brought about a degree of creative institutionalization that laid a further basis for Chinese legal exceptionalism.

Anti-Mafia Code and 231 Models: An Opportunity for Improvement (?)

The research aims to understand whether, and to what extent, there are currently suitable institutions for the implementation of prevention and restoration of legality in the corporate sphere in the Italian legal system. These, if properly applied, should enable the enterprise to transform a negative event, such as mafia infiltration in its various forms, into an opportunity for improvement itself. More specifically, an attempt will be made to assess the ability of institutions such as judicial administration (Art. 34 of the Anti-Mafia Code - Legislative Decree No. 159/2011), judicial control (Art. 34-bis), voluntary judicial control (Paragraph 6, Art. 34-bis), preventive cooperation (Art. 94-bis), and organizational and management models under Legislative Decree No. 231/2001 (so-called Models 231) adopted ex post facto to put the company back on the correct path of legality.

Privacy in Technological Driven World

In this paper, we will examine how the constitution in the country violates the rights of privacy, and other aspects of public life in the name of surveillance. Whether the longest written constitution in the world protects the common people rights especially the privacy of individuals in this technological driven world. Generally, the role played by the judicial administrations and Law system in the country is to save the people from data theft of personal information but in India, one of the main difficulties in the constitution is flexibility in the actions and the constitution of India is out-dated in comparison with the recent advancements and technologies.

Human Resources Management in the Judicial Administration in the Context of Digitalization - Managerial and Legal Aspects

The administration of the judiciary is an integral part of the structure of the state administration, but human resource management specifically in the judicial administration is still an understudied area. The scientific objective of this work is to examine the main managerial and legal aspects of human resources management in the judicial administration in the conditions of digitalization. Specific research approaches and methods are applied to achieve the formulated objective. In the theoretical-methodological plan, a systematic approach, a method of analysis and synthesis, an interdisciplinary approach, a descriptive method, etc. are used. Along with these, we use survey research, in-depth interviews, participation in discussions, and content analysis of documents in an empirical way. The approaches applied in the overall study are those of induction and deduction. As a result of the complex analysis, conclusions and generalizations are drawn and solutions are proposed to improve the work of the judiciary administration.

Cyber crimes as a threat to state security: criminology and organizational features of accounting

The article analyzes the types, forms and content of statistical reporting reflecting the state and structure of cybercrime in Ukraine. It is noted that there is no universally recognized concept of cybercrime in international legislation. There is currently no clear definition of the concept of cybercrime in domestic legislation. Among scientists and practitioners, there is also no single approach to delineating the grounds for classifying illegal acts as such crimes. The reports were developed without further analysis of cybercrime. On the basis of official state reporting prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, it is possible to analyze a small group of criminal offenses, namely, those provided for by the articles of Chapter XVI of the Criminal Code of Ukraine. Some of the “traditional crimes” that fall under the concept of cybercrime are reflected in the departmental statistical reporting of the National Police of Ukraine, but it does not cover all cybercrimes and, of course, takes into account only those assigned to the jurisdiction of the National Police of Ukraine. Therefore, in Ukraine, there is no official state statistical reporting on cybercrime. Considering the high latency of this type of criminal offense, it can be stated that it is impossible to conduct an analysis that would fully and reliably reflect the state of cybercrime in Ukraine.

Public-Management Activities in the Judicial Authorities of Ukraine in the Context of Increasing the Level of Public Confidence

The article reveals the peculiarities of public-management activities in the system of judicial authorities of Ukraine. It has been established that these activities are implemented by various entities, which include court administration staff; staff of the State Judicial Administration of Ukraine and its territorial departments; the Court Security Service; staff of the Higher Qualification Commission of Ukraine; the National School of Judges of Ukraine, etc. Grouping of factors that affect the vectors of the development of public-management activities in the judicial authorities of Ukraine under the conditions of martial law has been carried out. Two groups of factors have been distinguished: principal and non-principal. The main role of public-management activities in the judicial authorities is to ensure functioning of the institutional bodies of the judicial authorities and implementation of the mechanisms of the state to establish the supremacy of law. Dependence of public-management activities in judicial authorities on the effectiveness of the public management system as a whole has been established. Highlighting the principal factors, the article emphasizes that the effectiveness of public-management activities of judicial authorities depends on: 1) the effectiveness of the European principles of good governance implementation; 2) increasing public confidence in judicial authorities; 3) digitization of the administrative processes in courts; 4) overcoming the consequences of hostilities in de-occupied territories and restoring the system of justice. Non-principal factors have been identified, the list of which can be continued. These include: 1) sufficient financing of judicial authorities’ bodies, institutions and agencies; 2) sufficient staffing of court administration and bodies, institutions and agencies of judicial authorities with managers; 3) the level of remuneration of the court administration staff as well as bodies, institutions and agencies of the judicial authorities; 4) updating the organizational and legal principles of public-management activities in judicial authorities; 5) updating the communicative relations of the court staff and other judicial authorities with the media, individuals and legal entities; 6) access to justice for the disabled and other people with limited mobility; 7) improvement of the document circulation system in courts and bodies of justice; 8) strengthening of control over public-management activities in judicial authorities.

Vision of disruptive technologies and administration of justice: their impact and future in contemporary law of Ecuador

In the current context, it is evident that there has been a decline in the quality of judicial services offered. The lack of adequate resources, outdated procedures, and an overwhelming workload have contributed to the slowness and lack of agility in case resolution. In the legal field, these technologies are transforming the way justice is administered. Therefore, the General Objective of the research is defined as analyzing the impact of disruptive technologies on the administration of justice in Ecuador, with the aim of proposing strategies to improve access, efficiency, and transparency of the judicial system. Various theoretical and analytical methods and specialized information search techniques are applied. As a result of the research, it can be said that Ecuador still has a limited general vision regarding the use of technologies. It is observed that the Constitutional Court of Ecuador has reinforced the need to use technologies in the judicial sphere to ensure access and the protection of rights, especially in exceptional situations such as a pandemic. Therefore, it is the responsibility of judicial administrators to adopt and use these tools effectively and equitably to strengthen the legal system and promote justice for all.

Informal Judicial Institutions in Ireland

AbstractIn the past twenty-five years, Ireland has moved from a traditional common law model of judicial administration, in which key aspects of judicial careers and administration were handled informally and politically, to a much more formal system designed along European lines. This transition is driven by Irish judges and politicians and influenced heavily by EU and Council of Europe soft law on judicial independence and the rule of law. In this article I sketch an outline of judicial institutions in Ireland before focusing on two topics that exemplify the transition: Judicial conduct and judicial appointments. I argue that the move to formalize judicial administration in Ireland is rooted in a desire to follow best practice but also to avoid politically difficult reforms in other areas.

Superjudges and the Separation of Powers: A Case Study of Judicial Informality in Czechia

AbstractExamining the practices of i) the selection of judges, ii) panel composition and case assignment, and iii) judicial off-bench activities, the article argues that some Czech judges, most often court presidents and apex court judges, use informal judicial institutions as tools to increase their influence on judicial administration and the decision-making of courts. As a result, these judges have far greater influence than the formal account of their roles might suggest. The article explores the context which facilitated the informal rise of these “Superjudges”, asserting that the key factors were institutionally independent judiciaries with individually dependent judges, the absence of a shared understanding of fundamental constitutional concepts, and the underperformance of Czech legal academia. The article then contends that while Superjudges may contribute to an informed, effective, and politically independent functioning of the judiciary, they also risk eroding important divisions of power which, in turn, might compromise the integrity of the judicial process, undermine the authority of courts, and disconnect the content of the law from the general interest.

미국 연방 디스커버리법제상 보존의무에 관한 연구

There are discussions about introducing a modified U.S.-style discovery to the Korean civil procedure. The discovery research group formed by the Supreme Court Judicial Administration Advisory Committee submitted a report noting the need to clarify when the duty to preserve triggers by amending the Article 350 of the Civil Procedure Act. The proposed amendment imposes a duty to preserve, which states that all parties should not delete related documents when a lawsuit is reasonably expected.
 Since there is no U.S.-like duty to preserve under the current Korean civil procedure, it is useful to refer to the related jurisprudence of the United States in order to interpret the proposed amendment going forward. This article examines the U.S. federal court precedents on the duty to preserve of the plaintiff, focusing on the trigger of the duty to preserve. Then, I propose that, to make it easier for the public to know when the duty to preserve triggers, examples should be given through specific legislation. Finally, in the United States, a party generally will put in place a litigation hold to fulfill the duty to preserve. Considering that Korean party probably will put in place a similar litigation hold if duty to preserve is triggered, I provide an example of a preservation notice that a plaintiff’s attorney may use to put on a litigation hold when the duty to preserve triggers.

Regarding the maximum age for holding the position of a judge

The article is devoted to the study of the problem of establishing age restrictions for persons holding judicial positions and their impact on the quality of justice in Ukraine.
 It is shown that in modern conditions of martial law in Ukraine, there is an acute shortage of judges, which negatively affects the state of judicial administration. One of the factors leading to this is the automatic termination of judicial powers by persons who have reached the maximum age of holding the office of a judge established by law.
 It has been proven that the age of a judge, more than 65 years old, under the condition of proper mental and physical health, is rather an advantage, rather than a disadvantage compared to judges of a young age, given the acquired experience and high professionalism.
 A comparative analysis of the norms of the current legislation regarding age restrictions for the positions of judges and other authorities was carried out. Based on the study of the experience of foreign countries, a tendency towards a high age limit for the position of judge in order to terminate their powers was revealed.
 It was established that the most acceptable for Ukraine is the experience of the USA, where there are no age restrictions for holding the position of a judge.
 It was concluded that holding the office of a judge without age restrictions contributes to the elimination of the personnel shortage of judges, the preservation of an experienced and highly professional corps of judges.
 Attention was drawn to the fact that the forced dismissal of a judge on the basis of an age limit bears signs of discrimination in the labor sphere.
 It is proposed to make appropriate changes to the Constitution of Ukraine and the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the removal of restrictions on the tenure of a judge by age and the establishment of control over the state of their mental and physical health. To do this, stipulate the duty of judges (regardless of their age) to undergo medical examinations once every five years, including in drug and psychiatric institutions, and to attach to the materials of their judicial file documents of the established form on the state of physical and mental health.

Political ideology and judicial administration: evidence from the COVID-19 pandemic

Abstract We study the effect of political ideology on the administration of the judiciary by investigating how the chief judges of federal district courts set courthouse policies in response to the COVID-19 pandemic. To do so, we use novel data on the geographic boundaries of federal courts and on the contents of pandemic orders. We account for state and local conditions and policies by leveraging district courts in states that have multiple judicial districts and that have courthouses in multiple counties, and we isolate the effect of chief ideology by using simulations that difference out unobserved district-level effects. We find no consistent evidence that the ideology of chief judges influenced courthouse closures and the authorization of a law allowing for remote proceedings, but we find strong evidence that Republican-appointed chief judges were less likely to require masks and more likely to suspend in-person trials.

Human resources management in the Judicial system of Ukraine as one of the directions of the State Judicial Administration: current trends and challenges

The article deals with the peculiarities of human resources management in the judicial system of Ukraine in recent years, defines the role of the State Judicial Administration in these procedures and the implementation of policies in the field of personnel support and regulation of courts, makes a comparative analysis of statistical indicators of personnel in the judicial system, based on the main trends in reducing personnel, identified problems of staffing courts with appropriate specialists, the need to establish the maximum number of courts and discrepancies between the necessary indicators and real data regarding the personnel of Ukrainian courts. Attention was also paid to issues of personnel management under martial law. The purpose of the article is to determine the main trends and directions of personnel management in the judicial system of Ukraine during the period of transformation and reform. As a result, the author made conclusions regarding the identification of trends and challenges in the modern conditions of personnel management of the judicial system of Ukraine.
 Studying the current state of personnel management in the judicial system allows us to identify several trends that have a significant impact on the quality and efficiency of court work. First, there is the issue of the liquidation of courts, which began in 2017 and the associated procedure of reducing staff: in most of these appeal courts, financial issues were not settled, which caused the continuation of payments in the form of judicial fees without exercising powers, when a person received money for unfinished work. Secondly, there were cases when judges did not pass a qualification assessment and were not transferred to newly formed courts or were in the process of appealing decisions of the Supreme Court of Ukraine of Ukraine, and the mechanisms for settling disputed issues in the process of liquidation with those employees who were in social vacations.

82 Management of Very Severe Iron Deficiency Anemia: Is Transfusion Always Necessary?

Abstract Background Paediatric iron deficiency anemia (IDA) is a common condition in Canadian children; however, little is known about the natural history of extreme cases. This deficit makes it challenging to determine how to approach management when these patients present acutely to the emergency department (ED). Objectives To describe the clinical features and management of children presenting to the ED with very severe IDA with hemoglobin < 40 g/L. Design/Methods Retrospective chart reviews were performed for paediatric patients with IDA and hemoglobin < 40 g/L over a 5-year period (June 2017 – June 2022) at a Canadian tertiary care children’s hospital. Results Chart reviews were completed for 19 patients. The mean case rate was 3.1 patients annually (SD 2.14) with 11(58%) presenting in 2021–2022. Patients were young (median age 24 months; IQR 18–32) and predominantly female (79%). Nutritional deficiencies were the most common etiology (n=16, 84%). Median presenting hemoglobin was 25 g/L (IQR 22–36 g/L). The most common clinical features documented at presentation were pallor (n=19, 100%), tachycardia (n=17, 89%), and systolic ejection murmur (n=14, 74%). Thirteen (68%) patients had a ferritin measured in ED, 11(58%) had a chest x-ray, four (21%) had a lactate measured. One (5%) patient had an echocardiogram, and four (21%) had bedside cardiac ultrasounds documented. Eight (42%) patients with median hemoglobin 35 g/L (IQR 25–36 g/L) were managed without blood transfusion (PO iron only: n=3, 16%; IV iron only: n=5, 26%). Of the 11 (63%) patients who received blood, 2 (18%) had transfusion-related adverse events, with one patient undergoing intubation for transfusion-associated circulatory overload while admitted. All patients (100%) were initiated on oral iron supplementation. Ten patients (53%) received intravenous (IV) iron (dose 5–7 mg/kg) with one experiencing a mild reaction. Fifteen patients (79%) were hospitalized, with two (10%) admitted directly to the Paediatric Intensive Care Unit. Median duration of hospitalization was 5 days (IQR 2–9 days). Patients followed after transfusion-free management (n=5) demonstrated median hemoglobin increase of 21 g/L (IQR 20–32 g/L) within 12 days. No patient returned to the ED for anemia within 30 days. Conclusion Paediatric patients with very severe IDA do not always require transfusion. Some patients were effectively managed with IV iron alone. Investigation and management of these patients appears heterogenous. Given the risks of blood transfusion and the increased availability of IV iron, guidelines outlining evidence-based management of severe IDA are needed. These guidelines should promote optimization of iron therapy and guide judicious administration of blood transfusion.

The Mechanism of Interaction of the Judicial Authority of Ukraine with the Public

The current state of society is characterized by the expansion of the conflict space, the increase in tension in social relations between the judicial authorities and the public. It is precisely because of this that issues of improving the mechanism of interaction between judicial institutions and public associations and active citizens are being brought into focus. The purpose of this research is to substantiate theoretical and methodological principles and develop a mechanism of interaction between the judiciary of Ukraine and the public as a basis for making rational administrative decisions. The subject of the study is the relationship between judicial authorities and public associations and citizens regarding management decision-making. The object of the research is normative documents, recommendations and strategic documents regulating the issue of administrative decision-making in the judicial institutions of Ukraine, as well as academic publications and analytical reports on the issues, which are under consideration in this article. The research methodology combines a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, classification, etc. While processing the scientific sources and legislation in order to thoroughly study the subject of research, highlight its properties, the method of analysis was used. The article examines the mechanism of interaction between the judiciary and the public and establishes the elements of such a mechanism. Based on the analysis of normative-and-legal acts and the effectiveness of the activities of judicial authorities, strategies for the development of the judicial branch of government in Ukraine, the directions to improve the mechanism of interaction of citizens with the independent branch of government - the judiciary, with the aim of exerting their influence on the process of making administrative decisions - have been determined. The interaction of judicial authorities with the public is becoming more and more important every year, the influence of public opinion on administrative decisions is increasing, and because of this, the mechanism of such interaction is being improved and the state’s relations with the public are being reformatted, the gradual introduction of international standards and best practices of the Council of Europe and the European Union in system of justice and public administration of Ukraine. Mandatory elements of the mechanism of interaction of the judiciary with the public are not only the subject-object composition, but also the goals, principles, functions, forms of interaction, information and methods of its presentation, technologies and technical means. The task of the operation of such a mechanism is defined as ensuring the adoption of rational administrative decisions by the Higher Qualification Commission of Judges of Ukraine, the State Judicial Administration of Ukraine, court apparatuses and other institutions of the judicial branch of government in cooperation with the public. Taking into account the wide differentiation of interaction between various subjects of management in the sphere of justice, we consider it necessary to further define the types and forms of such interaction, which has not only methodological, but also practical significance, as it contributes to its normalization according to certain signs or criteria, which allows to effectively determine methods of its practical implementation. The improvement of the mechanism of interaction between the judiciary and the public is in: 1) reducing the number of conflicts and transferring interaction to the level of real and effective cooperation; 2) increasing the openness of the State Judicial Administration of Ukraine and court apparatuses, their readiness for dialogue with the public; 3) granting the Public Integrity Council more powers to influence the career of judges.

Judicial Councils Everywhere? Judicial Administration in Europe, with a Focus on the Nordic Countries

Judicial Councils Everywhere? Judicial Administration in Europe, with a Focus on the Nordic Countries

Legitimacy of the judiciary: theoretical and methodological aspects of its assessment

The article examines the theoretical and methodological aspects of assessing the legitimacy of the judiciary, in particular in the context of the formation of relevant criteria.
 It was determined that the lack of legitimacy occurs only in the absence of legality, that is, in the case when judges or the court carry out their activities on illegal grounds or with a gross proven violation of the law. In all other cases, the degree of legitimacy of the judicial branch of government should be assessed, which in turn will open up new approaches and ways of improving the effectiveness of the organizational and legal support for the implementation of the judiciary.
 In addition, the activities of the judicial branch of government should be aimed at increasing the level of its own legitimacy, and therefore the trust of the society, because otherwise the resolution of legal conflicts will take place in another way, not by going to court , which reduces the authority of the state mechanism as a whole. Based on the analysis, it was determined that one of the criteria for the legitimacy of the judicial branch of government should be the quality of the judicial administration system, which is expressed in quite specific measures that would simplify access to the judiciary and monitoring the progress of its dispatch with the use of modern information and analytical technologies and tools.
 Conclusions were formed, which are that most of the analyzed modern approaches to the assessment of the legitimacy of the judiciary are related to the criteria for determining the quality of the administration of justice, which are scattered in various documents, in particular of the international level. As for the content of the criteria for such an assessment, the most common include: level of trust in the court; the quality of the judicial administration system; the level of satisfaction with the work of the court by the participants in the trial; conformity of court actions and decisions with legal norms; objectivity of the learning process, correctness of its result; independence and impartiality of the court during the resolution of legal cases, which is consistent with the observance of the relevant principles enshrined in the legislation.