Some Amendments to Civil Service Legislation Instead of Reform

Event

Recently, the Parliament voted twice on amendments to the Law of Ukraine “On Civil Service.” Notably, these amendments were introduced in the context of legislative initiatives addressing other areas of legal regulation.

On 11 March 2026, Law of Ukraine № 4782-IX “On Amending Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” regarding the granting of deferment from conscription for military service during mobilization to certain categories of citizens” entered into force. Among other provisions, the law raised the maximum age limit (to 75 years) for employment in the civil service and in local self-government bodies.

Later, on March 25, Parliament adopted the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Specific Issues of Preparing Citizens for National Resistance” (Reg. № 13347). This draft restricts initial appointment to the civil service for male candidates who have not completed military service or military training. The adopted law has currently been submitted to the President of Ukraine for signature.

CPLR’s assessment

The first law temporarily increases the maximum age limit for civil service and service in local self-government bodies by five years during martial law and for two years thereafter. The decision to extend service under this provision is left to the discretion of the appointing authority, reviewed annually.

While acknowledging the value of senior professionals’ experience, this approach has several drawbacks:

– vacant positions that could otherwise be filled by qualified civil servants through open competition or promotion shall remain occupied by individuals who have reached the statutory age limit (up to 75 years); 

– discretion of the leadership to decide whether to extend or terminate the service of such individuals may create ongoing uncertainty for the affected civil servants and simultaneously generate corruption risks.

The second adopted draft law restricts access to the civil service for male candidates under the age of 60 who have not completed military service, reserve service, service in bodies responsible for national security and defense, or military training under a reserve officer training programme, except for those deemed medically unfit for military service.

Such wording in the adopted Law restricts citizens’ right to equal access to the civil service, as guaranteed by Article 38 of the Constitution of Ukraine. Notably, the law does not apply to positions within local self-government bodies, which are also protected by this constitutional provision, thereby creating a legal inconsistency.

In our view, such legislative initiatives could instead promote mobility between military and civil service, enabling transfers in both directions. This approach would be consistent with Article 2 of the Law of Ukraine “On Military Duty and Military Service,” which defines military service as a specific type of public service involving the professional activity of citizens of Ukraine who are fit for it in terms of health and age.

It should also be noted that the equivalence between military ranks and civil service ranks has long been established and is regulated at the legislative level. Accordingly, when a serviceperson enters the civil service with an existing military rank, he/she is assigned a corresponding civil service rank. This mechanism ensures that individuals do not have to start at a lower rank within the relevant position category and prevents financial losses associated with reduced rank-based allowances upon transition to civilian service.

Conclusion.

The above-mentioned amendments are not supported by any strategic or policy frameworks, including the EU Ukraine Facility Plan, the Public Administration Reform Roadmap, or the European Commission’s recommendations provided to the Government of Ukraine in previous Enlargement Reports.

Therefore, these amendments do not constitute a comprehensive reform of human resource management in public administration, including transparent recruitment, sustainable career development, or equal remuneration, despite consistent calls for such reforms from Ukraine’s international partners and domestic civil society organizations. Instead, they reflect fragmented, ad hoc responses to case-specific personnel issues.

A further structural challenge lies in the absence of a predictable civil service career path, which is currently neither feasible in practice nor adequately regulated by legislation. For example, transferring to another position often requires resignation and subsequent re-entry through a competitive selection process – a step many are unwilling to take.

This analysis was compiled with the support of the European Union and the International Renaissance Foundation within the framework «Whole-of-Society Accession» project. Its content is the exclusive responsibility of the authors and does not necessarily reflect the views of the European Union and the International Renaissance Foundation.