The paper proves the actuality of innovation, both in general and in education in particular. It is emphasized that the development of a significant number of technologies and relevant socio-pedagogical mechanisms of their implementation requires that you configure the appropriate organizational and regulatory systems that would properly regulate these processes. The analysis of the main normative-legal acts, which regulate public relations in innovation processes in educational sphere. It should be noted that by the Law of Ukraine "About Innovative Activity" pays very little attention to innovative activities in education. The implementation of a number of laws in the innovative sphere is actually stopped, primarily because of the lack of state target programs of forecasting of scientific-technical and innovation development of Ukraine. Certainly powerful and consistent Law of Ukraine "About Scientific and Scientific-Technical Activities", adopted in 2016, doesn’t work. The primary reason for this problem is the extremely low rate of implementation of this regulation. Extremely inhibited pace of implementation has the other critical educational Law "About Higher Education". And in the end it is noted that the current Law of Ukraine "About Education" the question of innovation is not paying attention to at all. In this regard, the draft law "About Education" is analyzed from the point of view of possibilities of regulation of innovative activity in the educational sphere and made the appropriate suggestions. The proposals regarding to the use of the legal science and practice innovation, all of which are properly organized and structured and scientifically based legislative activity, the result of which is the development, adoption and implementation of relevant legal norms, can significantly improve the nature of the legal regulation of social relations.