Competitive selection for admission to the civil service: basic rules. Competitive selection for admission to the civil service: basic rules Conducting the exam and selecting candidates

There are many civil servants among our readers. However, today's consultation is intended not only for them, but also for those who would like to join their ranks. Since recruitment to the civil service is mostly done on a competitive basis, we will tell you how and under what conditions the competition is held.

The Civil Service Law obliges recruitment to the civil service, in particular for positions of the third to seventh categories, on a competitive basis. (By competition, they are also included in the personnel reserve for positions of civil servants of categories I-III, appointments to which are made by the President of Ukraine and the Cabinet of Ministers. For them, a separate procedure for holding a competition was approved by the Cabinet of Ministers of Ukraine dated February 21, 2007 No. 272.) This norm is written in Art. 15 of this Law. Since civil servants of such categories are the absolute majority in civil service bodies, we will focus our attention on them. We will find the competitive procedure in Order No. 169. First, we will find out how competitive selection is carried out and whether there are restrictions for persons wishing to take part in the competition to fill vacant civil servant positions (hereinafter referred to as the competition).

Who holds the competition and under what conditions

To conduct a competition, the head of a government agency, on the basis of his order (instruction), creates a competition commission consisting of a chairman, secretary and members of the commission. It is headed, as a rule, by a deputy director. And the commission involves employees of personnel, legal services, as well as other structural divisions (usually their managers).

The competition is organized somewhat differently in government agencies with a small staff (less than 5 persons). The competition in them can be carried out by the head of the government agency individually or by the competition commission of a higher body (clause 4 of Procedure No. 169).

How to conduct a competition in each individual government agency is decided by the head, who appoints and dismisses civil servants.

When is it permissible not to hold a competition?

The competition may not be held in the following cases (clause 5 of Procedure No. 169):

When a civil servant is transferred to an equivalent or lower position in one government agency (this norm was repeated in Resolution No. 423);

Appointments in the order of promotion of civil servants enrolled in the personnel reserve for the corresponding position. This rule is also contained in paragraph. 2 clause 12 of Regulation No. 199;

If the civil servant has successfully completed an internship (a similar rule is contained in clause 8 of Regulation No. 804).

However, this is not a complete list. According to the current Resolution No. 423, without competitive selection and internship, the following are also allowed to be accepted into the civil service:

1) civil servants in managerial positions who:

- are elected or approved by a collegial body according to the law;

- appointed by ministers and heads of other central government bodies in agreement with the heads of local government bodies;

2) civil servants who held relevant positions in government agencies and executive bodies of councils, including liquidated - into newly created bodies of state executive power and local self-government;

3) civil servants who previously ceased service due to resignation;

4) graduates of higher educational institutions who have received higher education in the field of knowledge “Public Administration” - to government agencies that sent them for training under government orders.

Note!

The Cabinet of Ministers also established special conditions for the admission of foster care workers to the civil service. After all, members of the Cabinet of Ministers and chairmen of local state administrations are allowed to independently select persons for positions in the patronage service (clause 1 of Order No. 851). Let us clarify that these are the positions of assistant, adviser, head of the press service or others provided for in the staffing table.

Who is not allowed to participate in the competition?

The circle of applicants who cannot take part in the competition is outlined in clause 7 of Procedure No. 169. The following persons are not allowed to participate in the competition:

Those who have reached the age limit for civil service;

Recognized as legally incompetent in accordance with the established procedure;

Those who have a criminal record that is incompatible with holding the position of a civil servant - until it is removed or expunged in the prescribed manner. After all, according to Art. 89 of the Criminal Code of Ukraine, then the person is considered to have no criminal record;

Who may become directly subordinate or subordinate to close relatives (in-laws) if they are recruited;

Those deprived of the right to hold certain positions for a certain period of time;

In other cases provided by law. Among them are the restrictions written down for civil servants in the Law on Corruption.

Stages of the competition

The main stage of the competitive procedure is preceded by rather painstaking preparatory work. The competition is carried out in stages:

1) first publish an announcement about its holding;

2) then accept documents from those wishing to participate in the competition and review them;

3) at the end - the main stage - they conduct an exam and select candidates.

The nuances of organizing and conducting each stage will be illustrated in table 1.

Stages of the competition	Main actions at this stage of the competition	Information, documents	Deadlines
Competition announcement	1. The announcement is published in the press or distributed through other official media	The advertisement states: 1) name of the government agency, location, address, numbers telephones; 2) names of vacant positions with indicating that additional information provided by the personnel service; 3) basic requirements for candidates; 4) deadline for submitting documents (30 calendar days from the date of announcement); 5) additional information	no later than one month before the start of the competition
	2. Information is brought to the attention of employees of the government agency in which the competition is announced
Reception and consideration of documents for participation in the competition	1. Those who wish to participate in the competition provide to the commission application 1 and documents 2 according to the list given in gr. 3 tables 1. 2. The HR department checks compliance documents requirements of Art. 12 and art. 15 Law on Civil Service and nominated by government agency to to the candidate	List of documents provided by the candidate: 1) completed personal card (form P-2 DS) with corresponding applications; 2) 2 photo cards measuring 4x6 cm; 3) copies of education documents, certified by a notary or other established by law ok; 4) declaration of income and liabilities financial nature regarding yourself and members of your family; 5) a copy of the first and second pages of the passport citizen of Ukraine, certified by personnel service	calendar days from the date of announcement
	3. The personnel service informs persons whose documents do not meet the established requirements that they will not be allowed to participate in the competition.	This decision is made by the chairman of the competition commission. If the candidate insists on participating in the competition, then he is allowed to participate. Then the final decision is made by the competition commission

1 The application must indicate that the candidate is familiar with the restrictions regarding admission to the civil service. Persons working in the government agency where the competition is announced and wishing to take part in it do not attach these documents to the application.
2 In addition to the mandatory information, the candidate can provide additional information about education and work experience. At the same time, in accordance with clause 15 of Regulation No. 169, it is prohibited to demand from applicants information and documents, the provision of which is not provided for by law.
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	1. The personnel service, in agreement with the chairman of the competition commission, determines the date of the exam and informs the candidates	On the day of the exam, the secretary of the competition commission informs candidates about its duration, conditions and procedure, and also provides additional clarifications on emerging issues
Conducting the exam and selecting candidates	2. A competition commission consisting of at least three of its members conducts an examination	Candidates who score at least 50% of the maximum points are considered to have successfully passed the exam	exam day
	3. The competition commission selects among candidates who have successfully passed the exam	The commission makes a decision (in the presence of at least 2/3 of its members), taking into account the results of reviewing the submitted documents, passing the exam and interviewing the candidates	within three days after completion competition notifies candidates

What you need to know to successfully pass the exam

The exam procedure itself is not much different from a regular exam at school or university. Perhaps the number of tickets and questions in them, as well as the specific topic. How to conduct the examination is set out in the General Examination Procedure. Here are the main nuances:

1) examination papers (at least 15) are approved by the chairman of the competition commission;

2) each ticket includes five questions. In particular, one question to test knowledge of the Constitution of Ukraine, the Law on Civil Service, the Law on Corruption (a complete list of questions on this standard is given in Appendix 1 to the General Exam Procedure). In addition, the ticket includes two questions to test knowledge of legislation, taking into account the specifics of the government agency;

3) the exam is taken in the state language and no more than an hour is given to prepare the answer to the ticket;

4) the answer to each of the individual questions is assessed on a five-point system. The assessment is carried out by all members of the commission and a joint decision is made. To successfully pass the exam, the candidate must obtain at least 13 points.

Competition results: possible options

The competition commission formalizes its decision in a protocol and submits it to the director no later than two days after the vote. It sets out proposals for the appointment of a specific candidate to a vacant civil servant position and proposes candidates for inclusion in the personnel reserve. In addition, within three days after the end of the competition, the commission is obliged to notify candidates of its results. What they can be will tell table 2.

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Exam result	Decision of the competition commission	Competition results
The candidate failed the exam
The candidate has successfully passed the exam		the final decision is made by the manager within a month from the date of the decision by the competition commission
	The candidate has been proposed for inclusion in the personnel reserve 1
		a repeat competition is announced

1 Candidates included in the personnel reserve after the competition may be accepted into an equivalent or lower vacant position within a year without repeat competition.
We hope that our consultation will be useful not only to those wishing to take part in the competition for a vacant civil servant position, but also to government employees conducting the competitive selection.

List of normative legal acts used:

1. Civil Service Law- Law of Ukraine “On Civil Service” dated December 16, 1993 No. 3723-ХІІ.

2. Law on corruption- Law of Ukraine “On the fight against corruption” dated 05.10.09 No. 356/95-VR

3. Resolution No. 423- resolution of the Cabinet of Ministers of Ukraine "On some issues of application of Articles 4,15 and 27 of the Law of Ukraine "On Civil Service" dated June 17, 1994 No. 423.

4. Order No. 169- The procedure for holding a competition to fill vacant civil servant positions, approved by Resolution of the Cabinet of Ministers of Ukraine dated February 15, 2002 No. 169.

5. Order No. 851- The procedure for the placement in the public service of patronage service workers of members of the Cabinet of Ministers of Ukraine and chairmen of local state administrations, approved by Resolution of the Cabinet of Ministers of Ukraine dated May 19, 1999 No. 851.

6. General exam procedure- The general procedure for conducting the examination of candidates for vacant civil servant positions, approved by the joint order of the Main Civil Service of Ukraine, the Ukrainian Academy of Public Administration under the President of Ukraine dated May 10, 2002 No. 30/84.

7. Regulation No. 199- Regulations on the formation of a personnel reserve for the civil service, approved by Resolution of the Cabinet of Ministers of January 28, 2001 No. 199.

8. Regulation No. 804- Regulations on the procedure for internships in government bodies, approved by Resolution of the Cabinet of Ministers of December 1, 1994 No. 804.