109TH CONGRESS

1ST SESSION S. CON. RES. 7

CONCURRENT RESOLUTION

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);

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
 †

2

SCON 7 ES

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

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;
†

3

SCON 7 ES

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;

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
†

4

SCON 7 ES

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;

7 (2) congratulates the people and Government of

8 Ukraine for ensuring a free and fair runoff presi9 dential election which represents the true choice of

10 the Ukrainian people;

11 (3) congratulates Viktor Yushchenko on his

12 election as President of Ukraine;

13 (4) applauds the Ukrainian presidential can14 didates, the European Union and other European

15 representatives, and the United States Government

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

17 resolution of the crisis;
†

5

SCON 7 ES

1 (5) acknowledges and welcomes the strong rela2 tionship formed between the United States and

3 Ukraine and expresses its strong and continuing

4 support for the efforts of the Ukrainian people and

5 the new Government of Ukraine to establish a full

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

7 rights; and

8 (6) pledges its assistance to the strengthening

9 of a fully free and open democratic system in

10 Ukraine, the creation of a prosperous free market

11 economy in Ukraine, the reaffirmation of Ukraine’s

12 independence and territorial sovereignty, and

13 Ukraine’s full integration into the international com14 munity of democracies.

Passed the Senate January 26, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. CON. RES. 7

CONCURRENT RESOLUTION

Congratulating the people of Ukraine for conment to democracy and reform. election as President of Ukraine and his commit- and congratulating Viktor Yushchenko on his off presidential election on December 26, 2004, ducting a democratic, transparent, and fair run-