Risks of "manual selection" of personnel found in the draft law on the return of competitions for civil service
Restoring competitive procedures in the civil service after a period of wartime simplifications is a necessary step, but certain provisions of draft law No. 13478-1 may reduce the role of open competition as a key safeguard against political and administrative influence. This was emphasized by the Committee of the Ukrainian National Bar Association on labor law issues.
Currently, draft law No. 13478-1 dated 16.07.2025 "On Amendments to Certain Laws of Ukraine Regarding the Restoration of Competitions and Improvement of the Procedure for Entry, Service, and Termination of Civil Service" has been adopted in principle by the Verkhovna Rada.
The document proposes to return competitions as the main mechanism for entering civil service. At the same time, it provides for the retention of expanded exceptions introduced during martial law. Simultaneously, a transitional model is being formed that allows gradually transferring persons appointed without competition into the competitive system after the situation stabilizes.
The UNBA named the partial weakening of the open competition principle as a key risk of the draft. It proposes to introduce the institution of an internal competition, which allows promotion exclusively among employees of the respective body. This speeds up personnel decisions but reduces the level of external competition.
Lawyers also drew special attention to the significant changes in the system of evaluating official performance. Today, it is mostly of a control and formal nature, whereas in the draft it becomes a key career management tool. Its results will affect promotion, the possibility of appointment or transfer without competition, bonuses, and two consecutive negative evaluations may be grounds for dismissal. The UNBA warned that without clear standards, independent control, and effective appeal, such a system may become a tool for pressure or manual promotion of preferred candidates.
Lawyers also pointed out the risks of the contractual model of civil service. Contracts may increase management flexibility but reduce service stability, may increase political dependence, and create the risk of turning the civil service into a system of temporary managers.
Overall, the UNBA supported the idea of modernizing the civil service and returning competitive procedures but proposed to refine the draft law. Among the recommendations are limiting cases of internal competition, setting a maximum share of positions that can be filled without open competition, detailing an independent evaluation procedure, providing effective appeal of its results, and narrowing opportunities to bypass open competition through the personnel reserve.
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