The discretionary right consists in the limits of liberty, left for a free evaluation of an authority, with a view of achieving an object stated by a legislator to resort to any means of actions in the limits of his competence. On the basis of the organization of the modern state there is the principle of legality, and the discretionary right is a deviation from this principle, equated with the principle of opportunity. The parliament establishes general and impersonal rules, the administrative and judicial authorities ,on the basis of these rules, put forward individual rules for concrete situations. In order to achieve this goal the decision taking factors are authorized (are permitted) to use the discretionary power (right). As we have mentioned, in Republic of Moldova there is no scientific investigation of this problem. But this does not mean that the procedure is not applied in practice by the public authorities. By a profound investigation of the concept of „discretionary right” the juridical science of Republic of Moldova will only gain.