The article justifies the answer on the question about imposition of punishment to under-age, which committed the theft without aggravating circumstances. It is shown, that this question can have several different answers. Every of such answers doesn’t contradict to the text of Criminal Code of Ukraine, corresponds with him. However in some cases this accordance is formal and in other cases is essential. Simultaneous the accordance to the text of Criminal Code of Ukraine doesn’t always mean that arrived decision is equitable. In practice only one of the possible answers can be chosen. And such a decision doesn’t to contrary the human rights.