In conformity with the International Pact of Civil and Political Rights of 19.12.1966, the human rights cannot be subject to any limitations, with the exception of those stipulated by the law, necessary for the protection of state security, public order, etc., compatible and recognized by other rights. The Constitution – the supreme law of a state, is the guarantor of fundamental human rights and liberties, but in case of their protection, the International Conventions, especially the ratified ones, take priority over the national legislation and are directly applied. In the absence of juridical norms, in solving litigations, the analogy of law is applied. Those apply- ing the law in the process of applying the law in the process of finding a litigation solution should have discretionary authority. Implementing the law by means of “discretionary law”, in some cases, the agents applying the law follow the principle of opportunity. The use of this principle in the process of realization of the law corresponds to the indicated requirements and to the applied ,,discretionary law” and should not infringe these requirements.