Abstract
The article considers the prohibition of state and municipal employees to fill state and municipal positions. The author notes the eclecticism of the normative and legal consolidation of this ban in various legislative acts regulating the status of elected officials, persons holding state and municipal positions and regulating the passage of state and municipal service. The exceptions to this prohibition established by the current legislation were analyzed. The author believes that such exceptions are not always advisable from the point of view of its essence. Defects of regulatory support of such exceptions are analyzed. In addition, the work notes the uncertainty of the legal consequences of violating the ban on the simultaneous replacement of state (municipal) posts and positions of the state (municipal) service. Proposals are made to improve legislation in this area.
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