Introduction. One of the purposes of the Federal Act «Education in the Russian Federation» of 29 December 2012 № 273-FZ is the consolidation of modern requirements to the educational process associated with the introduction of new forms of educational programs, educational technologies, forms and methods of teaching. The article describes the legal regulation of the use of e-learning and distance learning technologies in the implementation of higher education programs. Results. On the example of the Institute of electronic and distance learning, a structural subdivision of the Saratov State University named after N. G. Chernyshevsky, were identified opportunities, advantages and disadvantages of e-learning and distance learning technologies in the educational programs of higher education using of information systems, information and telecommunications networks including the Internet. Conclusion. Organization of higher education may use e-learning and distance education technologies in the implementation of higher education programs in accordance with applicable law and the procedure established by the Ministry of Education and Science of the Russian Federation.