III 

109TH CONGRESS 

1ST SESSION S. CON. RES. 5 

Congratulating the people of Ukraine for conducting a democratic, transparent, and fair runoff presidential election on December 26, 2004, 

and congratulating Viktor Yushchenko on his election as President of 

Ukraine and his commitment to democracy and reform. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2005 

Mr. LUGAR (for himself and Mr. BIDEN) submitted the following concurrent 

resolution; which was referred to the Committee on Foreign Relations 

CONCURRENT RESOLUTION 

Congratulating the people of Ukraine for conducting a democratic, transparent, and fair runoff presidential election 

on December 26, 2004, and congratulating Viktor 

Yushchenko on his election as President of Ukraine and 

his commitment to democracy and reform. 

Whereas the establishment of a democratic, transparent, and 

fair election process for the 2004 presidential election in 

Ukraine and of a genuinely democratic political system 

have been prerequisites for that country’s full integration 

into the international community of democracies; 

Whereas the Government of Ukraine has accepted numerous 

specific commitments governing the conduct of elections 

as a participating State of the Organization for Security 

and Cooperation in Europe (OSCE); 
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Whereas the election of Ukraine’s next president was seen as 

an unambiguous test of the extent of the Ukrainian authorities’ commitment to implement these standards and 

build a democratic society based on free elections and the 

rule of law; 

Whereas a genuinely free and fair election requires government and public authorities to ensure that candidates 

and political parties enjoy equal treatment before the law 

and that government resources are not employed to the 

advantage of individual candidates or political parties; 

Whereas a genuinely free and fair election requires the full 

transparency of laws and regulations governing elections, 

multiparty representation on election commissions, and 

unobstructed access by candidates, political parties, and 

domestic and international observers to all election procedures, including voting and vote-counting in all areas of 

the country; 

Whereas efforts by national and local officials and others acting at the behest of such officials to impose obstacles to 

free assembly, free speech, and a free and fair political 

campaign took place throughout Ukraine during the entire 2004 presidential election campaign without condemnation or remedial action by the Government of 

Ukraine; 

Whereas on October 31, 2004, Ukraine held the first round 

of its presidential election and on November 21, 2004, 

Ukraine held a runoff presidential election between the 

two leading candidates, Prime Minister Viktor 

Yanukovich and opposition leader Viktor Yushchenko; 

Whereas a consensus of Ukrainian and international election 

observers determined that the runoff election did not 
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meet a considerable number of international standards 

for democratic elections, and these observers specifically 

declared that state resources were abused in support of 

Viktor Yanukovich, and that illegal voting by absentee 

ballot, multiple voting, assaults on electoral observers and 

journalists, and the use of counterfeit ballots were widespread; 

Whereas following the runoff presidential election on November 21, 2004, tens of thousands of Ukrainian citizens engaged in peaceful demonstrations in Kiev and elsewhere 

to protest the unfair election and the declaration by the 

Ukrainian Central Election Commission that Viktor 

Yanukovich had won a majority of the votes; 

Whereas, on November 25, 2004, the Ukrainian Supreme 

Court blocked the publication of the official runoff election results thus preventing the inauguration of the next 

president of Ukraine until the Supreme Court examined 

the reports of voter fraud; 

Whereas on November 27, 2004, the Parliament of Ukraine 

passed a resolution declaring that there were violations of 

law during the runoff presidential election on November 

21, 2004, and that the results of the election did not reflect the will of the Ukrainian people; 

Whereas on December 1, 2004, the Parliament of Ukraine 

passed a no confidence motion regarding the government 

of Prime Minister Viktor Yanukovich; 

Whereas European mediators and current Ukrainian President Leonid Kuchma began discussions on December 1, 

2004, to attempt to work out a resolution to the standoff 

between the supporters of both presidential candidates; 
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Whereas on December 3, 2004, the Ukrainian Supreme 

Court ruled that the runoff presidential election on November 21, 2004, was invalid and ordered a new presidential election to take place on December 26, 2004; 

Whereas on December 8, 2004, the Parliament of Ukraine 

passed laws to reform the Ukrainian electoral process, including to reconstitute the Ukrainian Central Election 

Commission, and to close loopholes for fraud in preparation for a new presidential election; 

Whereas on December 26, 2004, the people of Ukraine again 

went to the polls to elect the next president of Ukraine 

in what the consensus of domestic and international observers declared as a more democratic, transparent, and 

fair election process with fewer problems than the previous two rounds; 

Whereas on January 10, 2005, the election victory of opposition leader Viktor Yushchenko was certified by the 

Ukrainian Central Election Commission; and 

Whereas the runoff presidential election on December 26, 

2004, signifies a turning point for Ukraine which offers 

new hope and opportunity to the people of Ukraine: Now, 

therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That Congress— 

3 (1) commends the people and Government of 

4 Ukraine for their commitment to democracy and 

5 their determination to end the political crisis in that 

6 country in a peaceful and democratic manner; 
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1 (2) congratulates the people and Government of 

2 Ukraine for ensuring a free and fair runoff presi3 dential election which represents the true choice of 

4 the Ukrainian people; 

5 (3) congratulates Viktor Yushchenko on his 

6 election as President of Ukraine; 

7 (4) applauds the Ukrainian presidential can8 didates, the European Union and other European 

9 representatives, and the United States Government 

10 for the role they played in helping to find a peaceful 

11 resolution of the crisis; 

12 (5) acknowledges and welcomes the strong rela13 tionship formed between the United States and 

14 Ukraine and expresses its strong and continuing 

15 support for the efforts of the Ukrainian people and 

16 the new Government of Ukraine to establish a full 

17 democracy, the rule of law, and respect for human 

18 rights; and 

19 (6) pledges its assistance to the strengthening 

20 of a fully free and open democratic system in 

21 Ukraine, the creation of a prosperous free market 

22 economy in Ukraine, the reaffirmation of Ukraine’s 

23 independence and territorial sovereignty, and 
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1 Ukraine’s full integration into the international com2 munity of democracies. 

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