The development of Ukraine at the present stage of state-building processes and transformations involves the formation of a qualitatively new type of approaches to the functioning of the state and society. Old norms and requirements that acted in Soviet times and at the beginning of Ukraine's independence have not always been actualized with modern social development. Activities of religious organizations actively promote the development of many spheres of social service, religious organizations are organic for a developed society. The state and government understand these trends and the harmonious functioning of religious organizations in Ukraine. State structures in their actions come not only from the standpoint of the compensatory effect for what was happening, and for what was the attitude towards everything related to religion. Most of this is due to the deep awareness of the importance of religious organizations and the religious component in public life, as well as the provision of the rights and freedoms of citizens who wish to participate in the activities of religious structures and to meet their religious needs in accordance with current legislation.At the same time, it should be noted that conflicts in the field of the activities of religious organizations, and in particular the functioning of theological education, required legislative regulation, understanding and consolidation in legal status. The concepts of secularity and separation of state from church and church from school are covered by the author in the historical paradigm, the origins and connection of modern legislation with their historical prototypes and preconditions are shown. The focus on the discriminatory theological education in the historical continuum in Soviet times prompts a comprehensive analysis of those processes that were inherent in it and to focus on solving them in contemporary rule-making practice. The author analyzed the processes related to the activities of religious organizations and the functioning of theological education in Soviet times, outlines the historical preconditions and peculiarities of rule-making in Soviet times, the understanding of the notion of secularity, and analyzes the aspects of anti-religious propaganda. Presented in the article are the beginning of the formation of a legal base on the activity of the institutions of higher education and outlined the problems of the functioning of theological education at the beginning of Ukraine's independence.