The Verkhovna Rada adopted in the second reading and as a whole draft law No. 13478−1, which provides for the phased return of competitions to the public service.
The document changes the rules for hiring, serving in and terminating civil service. Vacancies, instead of being posted on the suspended portal career.gov.ua, are planned to be published through the Unified State Web Portal of Electronic Services «Diia», and additional integrity checks will be introduced for certain candidates.
Who will be kept in post without a competition
The law establishes a transitional mechanism for persons appointed to posts without a competition during the period of martial law. The transitional mechanism sets temporary rules for those who were appointed without a competitive selection while martial law was in force.
An official who received a positive or excellent rating following an assessment of official activity (for state civil servants), or who has passed certification and has a conclusion on fitness for the position or an annual evaluation between certifications with a good or high final rating (for officials of local self-government bodies (OMC)), may, with their consent, be retained in the post by the head of the body without holding a competition.
Where the new requirements will not apply
The new competitive selection rules do not apply to posts in state bodies and local self-government bodies located in territories of active hostilities or temporarily occupied territories. This means the appointment procedure for such territories will remain exceptional.
Certification is a check of fitness for a post, while integrity is a check for the absence of corruption or other risks associated with a candidate. These terms are used in the law to determine the right to remain in a post or to be admitted to a competition.
Integrity checks and additional requirements for candidates
Candidates for the highest posts in category ‘A’, as well as for posts in categories ‘B’ and ‘C’ with increased corruption risk, will be required to submit an integrity questionnaire. Selection commissions will be able to request materials on candidates’ integrity from the National Agency of Ukraine on Civil Service (NADS).
For category ‘A’ posts, mandatory video recording of competitive procedures will be introduced. Candidates for such posts must also submit a motivation letter.
Timelines for conducting competitions and notifying the winner
For category ‘A’ posts, candidates will have from 15 to 30 days to submit documents, and the results of the competition must be determined within 90 days. For categories ‘B’ and ‘C’, documents will be accepted from 10 to 30 days, and the competition will last no more than 60 days.
The winner must be notified of the results within five calendar days. There is also a provision for holding internal competitions for state civil servants who already work in the relevant body and are applying for a different post.
The law also establishes a priority right of appointment for war veterans and for young people who have completed an internship in the relevant state body. Members of selection commissions are required to undergo training, to record decisions in minutes, and there is a clearer procedure for appealing decisions.
Deadline for notifying the winner: the winner must be notified within five calendar days after the competition results are determined.
