The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. As a result of the study, the author came to the conclusion that, in general, the norms of the Law of Kazakhstan ‘On Arbitration’, the Civil Procedure Code of Kazakhstan on the procedures for canceling arbitration decisions, recognition and enforcement of decisions of foreign arbitrations are consistent with international treaties.

Given the need to bring Ukrainian law in line with the norms and principles of international law, it is important to study European legal experience and European legal doctrine. The purpose of the article is to study the current problems of using the legal positions of the ECtHR in the decisions of Ukrainian courts. The study found that despite the legal consolidation of the status of ECtHR decisions as a source of law in Ukraine, the reasons that hinder the proper application of ECtHR practice are the lack of a systematic and well-established methodology for motivating court decisions using effective interpretative interpretation of ECtHR on specific decisions.The need to develop practical recommendations and methods of direct use of the practice of the Strasbourg court in the decisions of Ukrainian courts is pointed out. The methodological basis of the study is a dialectical method of cognition, which allows to explore problems in the unity of their social content and legal form, logical-semantic method, method of synthesis, system-structural method, sociological and statistical method and others. The practical significance of the obtained results is determined by the ability to increase the role of ECtHR decisions in ensuring human and civil rights in a democratic society.