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Abstract: The article deals with the legal basis of religious education in the Soviet Union, taking into account the political situation. Particular attention is drawn to the Soviet government decree "On the Separation of Church and State and the School from the Church." The authors conclude that the purpose of the Soviet regime was the destruction of religious education. The authors point out the projects, which the church offered for conservation or inclusion of religious schools in the public education system. In addition, the authors describe the prohibitive nature of relations between the education authorities and the church. One of the problems of the article is the way of receiving theological education, especially in the 1920s on the example of the Leningrad Theological Institute, as well as the activities of illegal sections in which their members learned the foundations of Christianity. The authors propose to pay special attention to the issue of religious education in modern Russia, including the problem of formulating a new educational paradigm and value priorities in the education of young people. The article stresses that in accordance with the law "About education in the Russian Federation" the Russian society should have an opportunity go back of its spiritual-historical, scientific, religious and legal heritage.