Examining the formation of legal guarantees for equal acces to civil service: historical origins and modern application

Abstract

The aim of the work is to demonstrate the historical progression of access to civil service across different historical epochs – Ancient World, Middle Ages, New Era, and Modern Times. The developmental phases of equal access to civil service mirror the primary trends in shaping the relationship between individuals and the state. The article demonstrates the peculiarities of legal guarantees, which are closely intertwined with the complex global political, economic, social, and cultural transformations of humanity, giving scholars the space to go far beyond modern history. Employing a theoretical research model focused on a human-centered perspective, it scrutinizes the essence of legal assurances. The historical method is employed to comprehend the retrospective formation and progression of the civil service. Additionally, the axiological method forms the basis for considering equal access to the civil service as a value category.

Results of the research highlight that the legal guarantees of the right to equal access to the civil service have evolved over time, dating back to the Ancient World. This evolution is attributed to the formation of the civil service institution. The legal guarantees for equal access to the civil service are not only recognized at the national level but are also enshrined in international legal standards aimed at protecting human and civil rights. The study acknowledges that restrictions on the right to equal access during periods of special legal regimes can limit citizens’ political opportunities for contributing to good governance. Author concluded that from the time of the Ancient World to the present, as a product of the evolutionary formation of the civil service institution, legal guarantees of the right to equal access to the civil service have been formed, including legality and fairness of selection procedures, equality, and non-discrimination of applicants for civil service positions, requirements for professionalism and competence, remuneration, etc.