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The issue of the effectiveness of public (municipal) servants is becoming increasingly relevant and significant. The necessary efficiency, as it is commonly believed in science, can be achieved through a more thorough selection of persons capable of effectively and competently performing the duties of public (municipal) office. The main tool for such selection in Russia, European countries and the United States is a competition for a position in the system of state (municipal) service.Potentially, the implementation of competitive procedures can significantly improve the optimization of formation of public service cadres, but the Russian legislation on competition in public service (filling a public position) is still far from perfect: there are problems both theoretical and practical, substantive and organizational and procedural nature, which should be evaluated by legal science.