Candidate pool as an element of legal mechanism of personnel recruitment and assignment in public civil service

Abstract

One of the main purposes for creating a candidate pool for the civil service is to ensure timely filling of vacant positions by individuals whose professional and personal qualities guarantee proper performance of their official duties and thus the continuous and efficient functioning of the state apparatus. At the same time, legal regulation of this aspect of public activities should provide citizens with equal access to public service in order to ensure they enjoy their constitutional rights. An analysis of legislation on public civil service proves that rule-making bodies pay close attention to including civil servants and citizens into the candidate pool, and their relationship was subject to regulations that were not flawless, but still quite detailed. The main array of problems appears while working with the candidate pool, as the law-maker formulates rules of assignment of those from candidate pool in a very nonspecific manner and gives considerable discretion to law-enforcers, which endangers the principle of equality. For instance, the order of actions of an employer’s representative when a vacancy opens, and the order of assigning an individual from candidate pool to a civil service position are neglected by the law-maker. Therefore, exposing f flaws in legal regulation to improve it is a pressing task for guaranteeing enjoyment of the right to choose profession, including civil service, as well as in regard to ensuring public interest of forming highly competent personnel of public bodies.