Problem issues of regulating criminal responsibility for desertion

Purpose of the given work is the detailed legal analysis of the criminal activity provided by item 338 of the Criminal code of Russian Federation, and also consideration of the problems arising at qualification of desertion, and ways of their decision. In article historical aspects of a regulation of responsibility for desertion, judiciary practice materials on the marked category of affairs, the approach of the foreign legislator are investigated. As a result some recommendations about perfection of a disposition of item 338 of the Criminal code of Russian Federation are developed.