The article analyzes the problem of legal regulation of the service contract, the definition of the service contract in the civil service in the Russian Federation. The authors research the following issues: the concept of the service contract, the parties of service contract; reveal the features of legal relations arising from the admission, performing and termination of the civil service in Russia; study contemporary approaches of Russian scientists on the problem. The authors illustrate the concept of “the employer” and “representative of the employer” in accordance with the requirements of the law; identify their characteristics; give a comparative overview and analysis of the positions of representatives of administrative and labor law on the essence and nature of the service contract, their attitude to the definition of the parties of the service contract; research the concept of “public servant ‘and’ civil servant”. The authors conclude that, despite its public nature, the service contract in the сivil service regulates the specific labor relations, and the parties of the service contract are the civil servant and the employer represented by the head of the public body acting on behalf of the state.