The article is devoted to the constitutional and legal grounds for the acknowledgement of smart contracts as invalid on the basis of violation of public policy. The transformation of the category of public policy in the context of the constitutional amendments of 2020 is analyzed, the legal nature of the smart contract is examined, and conflict zones between the automated execution of obligations and fundamental constitutional principles are identified. Criteria for assessing smart contracts for compliance with public policy are proposed, as well as practical recommendations for the legislator and courts.