The dissertation is devoted to the complex research of theoretical and practical problems of realization of notarial legal relations in the international private law of Ukraine, during which the modern state and methodology of research, concepts, features and legal nature of notarial legal relations with a foreign element, features of a foreign element in notarial relations are highlighted. It is proved that for notarial proceedings foreigners, stateless persons and foreign legal entities have the same procedural status as citizens of Ukraine or legal entities registered in Ukraine. For the emergence of notarial legal relationships in the international private law of Ukraine, the relevant rules of international private law and the notarial process, legal fact, as well as the presence in the participant of a notarial proceeding with a foreign element of legal personality are required. The content of the notarial legal relationship with a foreign element is determined on the basis of the national legislation of Ukraine or sources of foreign law, if provided by the law of Ukraine or an international treaty of Ukraine. The concept, features, principles and structure of the notarial process with a foreign element are revealed. The procedure of notarial procedural actions at each stage of the notarial proceedings with a foreign element is highlighted. The grounds and limits for the application of the norms of foreign law by a notary are determined. It is proved that the basis for application in the notarial proceedings with a foreign element of the rules of foreign law is the presence of: a) direct indication in the national legislation of Ukraine; b) the grounds, which are stipulated by the will of the person and expressed in the transaction, the form and content of which are not appealed in court. The author's definition of the concept of «notarial legal relations in the international private law of Ukraine», «notarial proceedings with a foreign element», as well as new definitions «quasi-foreign element», «collision binding» the law of the notary's state" is offered. For the first time, the classification of the national legislation of Ukraine has been made, on the basis of which the application of the norms of foreign law in the notarial proceedings is applied: 1) legislative acts of Ukraine, which establish a general rule on the application of the norms of foreign law; 2) legislative acts of Ukraine that provide for the application of the rules of foreign law as a result of the principle of the primacy of the rules of international treaties on national law or the principle of conscientious observance of the norms of international treaties; 3) legislative acts of Ukraine, in which there is a special rule for the application of the norms of foreign law to a particular type of legal relationship. It is proved that the basis for the application in the notarial proceedings with a foreign element of the rules of foreign law is the presence of: a) direct indication in the national legislation of Ukraine; b) the grounds, which are stipulated by the will of the person and expressed in the transaction, the form and content of which are not appealed in court. The shortcomings of the Ukrainian legislation in the field of notarial legal relations with a foreign element are analysed and proposals are made regarding the improvement of the provisions of the Constitution of Ukraine, the Laws of Ukraine «On Notary» and «On Private International Law».
