Chapter 12. FILLING OF VACANT DEPUTY SEATS

Article 89. Filling of Vacant Deputy Seats, Removal of a Registered Candidate From the Federal List of Candidates Which Was Included in the Distribution of Deputy Seats

(as amended by Federal Law No. 64-FZ of April 26, 2007)

1. If the powers of a deputy of the State Duma are terminated before the expiry of their period, the permanent collective leading body of the political party on whose federal list of candidates the deputy was elected may propose to the Central Election Commission the candidature of some other registered candidate from the same federal list of candidates to fill the vacant deputy seat. Such candidature shall be proposed from the number of registered candidates included in the same regional group of candidates (in the all-federal part of the federal list of candidates) as the deputy of the State Duma whose powers were terminated. If only registered candidates occupying deputy seats and/or registered candidates, who do not occupy deputy seats and who informed the aforementioned body of the political party in writing of their refusal to fill this vacant deputy seat, remain in the given regional group of candidates, the aforementioned body of the political party may propose the candidature of a registered candidate from another regional group of candidates (from the all-federal part of the federal list of candidates). Candidatures for filling a vacant deputy seat shall be proposed in accordance with the procedures set forth in the rules of the given political party. In this case, the Central Election Commission of the Russian Federation shall transfer the vacant deputy seat to the registered candidate proposed by the aforementioned body of the political party.

2. If, within 14 days of the day of the early termination of powers of a deputy of the State Duma, the political party does not use its right mentioned in Part 1 of this article, the Central Election Commission of the Russian Federation shall transfer the vacant deputy seat to another registered candidate from the federal list of candidates containing the deputy of the State Duma whose powers were terminated. Such deputy seat shall not be transferable to a candidate who already received a deputy seal earlier and whose powers were terminated, if his vacant seat has not been filled.

3. A registered candidate on a federal list of candidates which was included in the distribution of deputy seats may participate in the filling (receipt) of deputy seat not more than two times.

4. A registered candidate on a federal list of candidates which was included in the distribution of deputy seats shall be removed from the said list if:

(1) the registered candidate submits a written application for withdrawal from the federal list of candidates which was included in the distribution of deputy seats;

(2) the registered candidate forfeits a passive electoral right;

(3) the registered candidate joined a political party other than that in whose federal list of candidates he was included;

(4) the registered candidate exercises the right mentioned in Part 3 of this article;

(5) the registered candidate is declared missing or deceased on the basis of a court decision which became legally effective;

(6) the registered candidate dies.

5. A decision to remove a registered candidate from a federal list of candidates which was included in the distribution of deputy seats on the grounds set forth in Part 4 of this article shall the taken by the Central Election Commission of the Russian Federation.

6. If no registered candidates eligible to fill a vacant deputy seat remain on a federal list of candidates which was included in the distribution of deputy seats, this deputy seat shall remain vacant till the next election of deputies of the State Duma, barring the circumstances mentioned in Part 10, Article 83 of this Federal Law.