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Chapter XI. Filling of Vacancies Created by Deputies
Article 88. Filling of a Vacancy Created by a Deputy Elected on a Federal List
Article 89. Filling of a Vacancy Created by a Deputy Elected in a Single-Mandate Electoral District
Article 88. Filling of a Vacancy Created by a Deputy Elected on a Federal List
1. If a deputy elected through the distribution of deputy mandates between federal lists of candidates of electoral associations, electoral blocs vacates office before its term expires, the Central Election Commission shall transfer his/her mandate to a candidate on the same federal list of candidates in accordance with the methods specified in Clause 6 Article 82 of this Federal Law.
2. A resolution to terminate powers of a deputy of the State Duma elected as a result of the distribution of deputy mandates between federal lists of candidates of electoral associations, electoral blocs on the grounds established by a federal law shall be taken by the State Duma within ten days after such grounds arise or, in the event of an interruption in the sessions of the State Duma, within ten days after their resumption. Powers of a deputy of the State Duma shall also be terminated if the deputy submits a written application giving up his/her powers, from the date of the said application.
3. Clause 1 of this Article shall not apply to deputies who vacate office without any compelling reasons within a period less than one year from the day of the election of deputies of the State Duma, if these deputies occupied one of the top three places in the federal part of the federal list of candidates at the time the federal list of candidates was certified. In this case, the Central Election Commission of the Russian Federation shall transfer the deputy mandate to another federal list of candidates among those which participated in the distribution of deputy mandates in the State Duma of the given convocation in accordance with Clause 9 Article 82 of this Federal Law. The circumstances compelling a deputy to vacate a deputy mandate shall be appointment to a government office specified by the Constitution of the Russian Federation and the circumstances indicated in Clause 16 Article 51 of this Federal Law.
4. The federal list of candidates which lost a deputy mandate in accidence with Clause 3 of this Article shall not be entitled to receive any deputy mandates vacated as a result of early withdrawal of candidates who occupied one of the top three places in the federal .part of federal lists of candidates.
5. If there are no more registered candidates on the federal list of candidates, the vacancy shall remain unfilled until the next main elections to the State Duma.
Article 89. Filling of a Vacancy Created by a Deputy Elected in a Single-Mandate Electoral District
1. A resolution to terminate powers of a deputy of the State Duma elected in a single-mandate electoral district on the grounds established by a federal law shall be taken by the State Duma within ten days after such grounds arise or, in the event of an interruption in its sessions, within ten days after their resumption. If a deputy elected in a single-mandate electoral district submits a written statement giving up his/her powers, such powers shall be terminated from the date of the said statement.
2. Within a month from the day on which a deputy's vacancy is created, the Central Election Commission of the Russian Federation shall call a by-election to elect a deputy of the State Duma in the given single-mandate electoral district. The voting in such election shall be held within the time limits established in Clause 2 Article 5 of this Federal law.
3. A by-election shall not be announced and held if, as a result of this election, a deputy of the State Duma cannot be elected for a term exceeding one year before expiration of the constitutional term for which the State Duma of the given convocation was elected. If a by-election held in a single-mandate electoral district was declared not to have taken place because of the circumstances indicated in Clause 2 Article 79 of this Federal Law, voting in the repeat by-election may be conducted not later than a year after the last by-election. The by-election shall be announced not later than four and earlier than five months before voting day.
4. When a by-election is to be held to fill a deputy vacancy in the State Duma, a deputy of the State Duma shall not run as a candidate.
5. In a by-election candidates in a single-mandate electoral district shall be nominated and registered and other electoral actions shall be performed in accordance with this Federal Law.
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