The term «special forms of the crime» is long used in Ukrainian doctrine of criminal law. Generally, in cases when the complicity is defined. However, in the scientific literature there aren’t conceptual studies devoted to the special forms of the crime under the criminal law of Ukraine. This term was «transplanted» into the criminal law system of Ukraine from the western criminal law’s science. Western (German, Iberamerican, Italian) criminal law doctrine identifies special forms of the crime because of the provisions of national legislation. This approach can be applied in relation to the criminal law of Ukraine. Analysis of the Criminal Code of Ukraine allows to define as a special forms of the crime only different types of the participation of several persons in the commission of the crime. Inchoate crimes, crimes committed by omission, negligent crimes, crimes committed with a mixed mens rea, continuous crimes can not be considered as special forms of the crime under the criminal law of Ukraine. Complicity in crime rightly refers to the number of special forms of crime under the criminal law of Ukraine. Literal interpretation of art. 11 of the Criminal Code of Ukraine can’t be extended to the acts of participants. Interpretation of art. 11 and 26 of the Criminal Code of Ukraine also indicates a possibility of the separation of some others specific forms of crime.

Keywords: crime, special forms of the crime, participation, attempt, act.