III 
108TH CONGRESS 
2D SESSION 
H. CON. RES. 415 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 5, 2004 
Received 
CONCURRENT RESOLUTION 
Urging the Government of Ukraine to ensure a democratic, 
transparent, and fair election process for the presidential 
election on October 31, 2004. 
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 
are prerequisites for that country’s full integration into 
the Western community of nations as an equal member, 
including into organizations such as the North Atlantic 
Treaty Organization (NATO);
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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), including provisions 
of the Copenhagen Document; 
Whereas the election on October 31, 2004, of Ukraine’s next 
president will provide 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 this election takes place against the backdrop of 
previous elections that did not fully meet international 
standards and of disturbing trends in the current pre- 
election environment; 
Whereas it is the duty of government and public authorities 
at all levels to act in a manner consistent with all laws 
and regulations governing election procedures and to en-
sure free and fair elections throughout the entire country, 
including preventing activities aimed at undermining the 
free exercise of political rights; 
Whereas a genuinely free and fair election requires a period 
of political campaigning conducted in an environment in 
which neither administrative action nor violence, intimi-
dation, or detention hinder the parties, political associa-
tions, and the candidates from presenting their views and 
qualifications to the citizenry, including organizing sup-
porters, conducting public meetings and events through-
out the country, and enjoying unimpeded access to tele-
vision, radio, print, and Internet media on a non-dis-
criminatory basis;
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Whereas a genuinely free and fair election requires that citi-
zens be guaranteed the right and effective opportunity to 
exercise their civil and political rights, including the right 
to vote and the right to seek and acquire information 
upon which to make an informed vote, free from intimi-
dation, undue influence, attempts at vote buying, threats 
of political retribution, or other forms of coercion by na-
tional or local authorities or others; 
Whereas a genuinely free and fair election requires govern-
ment 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 proce-
dures, including voting and vote-counting in all areas of 
the country; 
Whereas increasing control and manipulation of the media by 
national and local officials and others acting at their be-
hest raise grave concerns regarding the commitment of 
the Ukrainian authorities to free and fair elections; 
Whereas efforts by the national authorities to limit access to 
international broadcasting, including Radio Liberty and 
the Voice of America, represent an unacceptable infringe-
ment on the right of the Ukrainian people to independent 
information; 
Whereas efforts by national and local officials and others act-
ing at their behest to impose obstacles to free assembly,
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free speech, and a free and fair political campaign have 
taken place in Donetsk, Sumy, and elsewhere in Ukraine 
without condemnation or remedial action by the Ukrain-
ian Government; 
Whereas numerous substantial irregularities have taken place 
in recent Ukrainian parliamentary by-elections in the 
Donetsk region and in mayoral elections in Mukacheve, 
Romny, and Krasniy Luch; and 
Whereas the intimidation and violence during the April 18, 
2004, mayoral election in Mukacheve, Ukraine, represent 
a deliberate attack on the democratic process: Now, 
therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That the Congress— 
(1) acknowledges and welcomes the strong rela-
tionship formed between the United States and 
Ukraine since the restoration of Ukraine’s independ-
ence in 1991; 
(2) recognizes that a precondition for the full 
integration of Ukraine into the Western community 
of nations, including as an equal member in institu-
tions such as the North Atlantic Treaty Organiza-
tion (NATO), is its establishment of a genuinely 
democratic political system; 
(3) expresses its strong and continuing support 
for the efforts of the Ukrainian people to establish 
a full democracy, the rule of law, and respect for 
human rights in Ukraine;
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(4) urges the Government of Ukraine to guar-
antee freedom of association and assembly, including 
the right of candidates, members of political parties, 
and others to freely assemble, to organize and con-
duct public events, and to exercise these and other 
rights free from intimidation or harassment by local 
or national officials or others acting at their behest; 
(5) urges the Government of Ukraine to meet 
its Organization for Security and Cooperation in Eu-
rope (OSCE) commitments on democratic elections 
and to address issues previously identified by the Of-
fice of Democratic Institutions and Human Rights 
(ODIHR) of the OSCE in its final reports on the 
2002 parliamentary elections and the 1999 presi-
dential elections, such as illegal interference by pub-
lic authorities in the campaign and a high degree of 
bias in the media; 
(6) urges the Ukrainian authorities to ensure— 
(A) the full transparency of election proce-
dures before, during, and after the 2004 presi-
dential elections; 
(B) free access for Ukrainian and inter-
national election observers; 
(C) multiparty representation on all elec-
tion commissions;
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(D) unimpeded access by all parties and 
candidates to print, radio, television, and Inter-
net media on a non-discriminatory basis; 
(E) freedom of candidates, members of op-
position parties, and independent media organi-
zations from intimidation or harassment by 
government officials at all levels via selective 
tax audits and other regulatory procedures, and 
in the case of media, license revocations and 
libel suits, among other measures; 
(F) a transparent process for complaint 
and appeals through electoral commissions and 
within the court system that provides timely 
and effective remedies; and 
(G) vigorous prosecution of any individual 
or organization responsible for violations of 
election laws or regulations, including the appli-
cation of appropriate administrative or criminal 
penalties; 
(7) further calls upon the Government of 
Ukraine to guarantee election monitors from the 
ODIHR, other participating States of the OSCE, 
Ukrainian political parties, candidates’ representa-
tives, nongovernmental organizations, and other pri-
vate institutions and organizations, both foreign and
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domestic, unobstructed access to all aspects of the 
election process, including unimpeded access to pub-
lic campaign events, candidates, news media, voting, 
and post-election tabulation of results and proc-
essing of election challenges and complaints; 
(8) strongly encourages the President to fully 
employ the diplomatic and other resources of the 
Government of the United States to ensure that the 
election laws and procedures of Ukraine are faith-
fully adhered to by all local and national officials, by 
others acting at their behest, and by all candidates 
and parties, during and subsequent to the presi-
dential campaign and election-day voting; 
(9) strongly encourages the President to clearly 
communicate to the Government of Ukraine, to all 
parties and candidates, and to the people of Ukraine 
the high importance attached by the Government of 
the United States to this presidential campaign as a 
central factor in determining the future relationship 
between the two countries; and 
(10) pledges its enduring support and assist-
ance to the Ukrainian people’s establishment of a 
fully free and open democratic system, their creation 
of a prosperous free market economy, their estab-
lishment of a secure independence and freedom from
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coercion, and their country’s assumption of its right-
ful place as a full and equal member of the Western 
community of democracies. 
Passed the House of Representatives October 4, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.