BLOCKCHAIN AND SMART PUBLIC PROCUREMENT CONTRACTS: A COMPARATIVE LEGAL ANALYSIS OF DIGITAL TRANSFORMATION IN THE PUBLIC SECTOR

Background. The rapid advancement of digital technologies has introduced blockchain as a potential tool in public procurement contracts within the public sector. Smart contracts, particularly within civil law frameworks, have gained legislative recognition in jurisdictions such as France and several U.S. states. This development raises important questions about integrating blockchain-based smart contracts into governmental procurement systems, with a view to enhancing procedural transparency and operational efficiency, while acknowledging the limitations and dependencies on institutional frameworks. The central issue lies in clarifying the legal and technical implications of blockchain-based smart procurement contracts. The research examines their potential to streamline public procurement management and improve procedural efficiency, while recognising the need for legal safeguards that maintain administrative law principles and accommodate institutional constraints. Methods. This study adopts a comparative analytical approach, examining relevant legal provisions, technical requirements, and administrative practices across multiple jurisdictions. Various blockchain models—public, private, hybrid, and consortium—are evaluated for their suitability in procurement processes. Legislative experiences regulating smart contracts are analysed to extract best practices and inform a cautious framework for public sector adoption. Results and Conclusions. The analysis indicates that blockchain-based smart procurement contracts may reduce bureaucratic delays and minimise human errors, while providing immutable records that can support accountability. However, successful implementation requires legal and institutional adjustments to address enforceability, liability allocation, interoperability, and data protection. A practical model illustrating each operational step— from drafting to automated execution—is proposed, emphasising feasibility and legal compliance rather than assuming transformative effects. The study highlights the necessity of tailored legislation, standardised protocols, and targeted training for public officials to support the cautious integration of blockchain in public procurement contracting. These measures aim to guide the legally informed and context-sensitive adoption of smart contracts, contributing to sustainable digital transformation in public sector governance.