The strategy and tactics of a dispute in court are two sides of the same coin. To achieve your goal during the trial, it is not enough to know the laws and have a stable legal position, you must be a strategist and speaker.
The trial is a free competition between the parties on equal terms. The final stage of such a competition is the decision by the judge.
It often happens that the scales are tipped in favor of one of the parties by a properly developed strategy and tactics for conducting a dispute.
General plan for conducting a dispute
The goal of a litigant’s strategy is to prove the legality of claims and protect their rights. Involvement in litigation for the sake of the process itself is called a sham strategy.
Compliance with the principle of formality of the judicial process creates the best conditions for productive and fair resolution of disputes.
A win-win strategy of proof in a legal dispute is based on:
- legal aspect – legality of requirements;
- knowledge of civil procedural law and judicial etiquette;
- the ability to handle facts and choose tactics.
When working out a strategy for conducting a dispute, the participant must decide:
- what facts need to be proven to confirm your rights;
- what the opponent will prove in contrast;
- and what strategy will be followed;
- Is it possible to counter it with reasonable counterarguments?
To develop a successful strategy for conducting a legal dispute, you should first familiarize yourself with the case materials and select legal acts on which the evidence will be based.
The plaintiff is in a more advantageous position - he develops a dispute strategy already at the stage of filing a claim. A logical and reasoned presentation of information allows the judge to get an idea of the prospects of the case already at the stage of consideration of the appeal.
The defendant usually gets the opportunity to prepare counterarguments, develop strategy and tactics only at the stage of the preliminary hearing. If there is a legal basis for the claim, the optimal strategy for the defendant is to seek a compromise and persuade the plaintiff to reach a settlement.
When preparing an evidentiary strategy, you cannot rely on a good memory.
It is better to prepare a speech on a sheet of paper, highlighting important points, think through in advance and write down answers to possible remarks from the enemy.
Partisan project development strategy
A distinctive feature is that it is not common for partisans to immediately become scams. The fact is that the development strategy is smooth: the small proposed percentage of income is quite adequate, the number of investors is increasing at a smooth pace. When a project enters the “bright field”, it already has a small but prepared platform: reviews on forums, the number of investors, certain results of work.
Initially, the budget does not include huge amounts of money for advertising or referral payments. At the same time, you can make money on them, even though, as a rule, we don’t know exactly the identity and reputation of the administrator, and we don’t have any inside information. It is better for the investor to invest in the project as early as possible to receive high profits. When a partisan comes out of hiding and is active and works well, we can observe a “change of clothes”—a change of design, an update of the interface.
Distinctive features of the desk
Often guerrilla hyip does not have a unique design, it is a template in which a script is written. But it is called a “partisan” because before active advertising he worked “underground” in the market for a long time. Among the additional distinctive features I will highlight the following:
- as a rule, they are “long-lived” and offer low interest rates, no more than 1% per day;
- very little information about the company, the legend;
- deposits with strictly designated limits;
- there are no “leap-like” stages of development - smooth and constructive;
- few images, lack of video fragments, contacts, news.
Please note: sometimes the site runs on a hacked script and does not have protection against Ddos attacks, so always comprehensively evaluate the technical preparation in advance in order to make a balanced and informed decision.
Advantages of guerrillaism
An important aspect is that the new projects are no longer so new, and have managed to “feel” the market. In addition, during my experience as an investor and blogger, I have identified for myself the following important positive features:
- there are no huge funds for advertising;
- the referral program allows you to receive no more than 1-3% of partners’ deposits;
- Low interest rates help extend your tenure.
While the project is in “hidden” mode, it is gaining popularity and gradually receiving positive feedback from investors. At the same time, the best managers at this time are also working to expand capabilities: they are gradually adding new payment systems (of which there are initially 1-2) or tariff plans.
Challenging techniques
Knowledge of tactical techniques and the ability to operate with them when the balance of power in a discussion changes helps to correctly apply a dispute strategy in practice.
Throughout the process, the parties argue, even when they do not engage in direct dialogue. Debate is the stage at which a participant in a dispute has the opportunity to express himself most fully and exchange remarks with his opponent.
It is right to take a proactive approach, starting with the preliminary hearing, and be mindful of the impression you make on the court.
Logical aspects of proof
This should be the strongest side of the judicial strategy, because it is logical techniques that form the basis of evidence. It is known that information is more or less convincing depending on the order in which it is presented.
Before choosing a proof tactic, you need to prepare the strongest combination of facts that will allow you not only to prove your case, but also to resist counterarguments.
From the point of view of the science of rhetoric, the tactics of arguing consist of consistent work to strengthen the strategy of proof and question the strategic positions of the enemy. These are two directions in which we must act simultaneously.
The combat tactics of the Ukrainian Insurgent Army were summarized in the combat manual of the partisan departments (“Combat rules for partisan troops”), developed by the experienced UPA commander, head of the “Oleni” school S.F. Khmel in 1948. The Ukrainian rebels took the Soviet “Combat Manual of the Infantry” as the basis for their tactics, revising its provisions in the spirit of the peculiarities of guerrilla warfare. Basics of combat operations of rebel departments.
Partisan sections are exclusively foot units that operate deep behind enemy lines. Their task is to destroy enemy manpower, his headquarters, communication lines, communications routes, institutions, warehouses, and fortifications.
Although insurgent departments are generally characterized by infantry combat tactics, all their combat operations should be as similar as possible to the operations of parachute and air assault units. Thanks to this feature, the rebel departments, acting with small forces and combining fire with constant movement and maneuver, were able to:
- in an offensive battle, approach the enemy, destroy his manpower or take him prisoner;
- in a defensive battle, repel the enemy’s advance and inflict heavy losses on him in manpower and equipment.
The success of the combat operations of the UPA departments was ensured by many factors, among which the following should be highlighted:
- rebel departments always maintained full combat readiness;
- conducted constant surveillance of the enemy, while keeping their movements and actions secret from him.
The initiative usually belonged to the rebels, not their opponents.
The tactics of the rebel departments included such concepts (sections) as fire, maneuver, battle formations, general duties of the rebel, actions of a swarm, four, hundreds, kuren.
Fire. The success of combat operations of UPA units was mainly determined by the simultaneous competent use of various types of weapons. In this regard, the commanders of swarms and squads were obliged to:
— indicate targets, provide landmarks, designate firing sectors for each type of weapon;
- monitor the joint actions of fire weapons and continuously monitor the battlefield.
Maneuver. This is the placement and movement of a unit on the battlefield in such a way as to disorient the enemy and strike him in the most vulnerable place. Depending on the circumstances of the battle, UPA units used such types of maneuver as envelopment, encirclement, breakthrough, and retreat.
Envelopment was used to encircle one of the enemy's flanks with the goal of partially destroying it.
Encirclement was used to capture both flanks of the enemy, reach his rear and close the ring with the goal of complete destruction.
If the rebel department was surrounded, then by wedging itself into the enemy’s battle formation, it made a breakthrough.
Waste was used in three cases:
- if the enemy managed to consolidate his position, and the rebel department wanted to draw back part of the enemy forces;
- if the rebels sought to lure the enemy into the crossfire of their subdivisions;
- if the rebel department sought to break away from the enemy.
Battle formations. The rebel department fought in various battle formations, which were determined by the nature of the terrain and the prevailing circumstances. So, for hundreds and evens, the battle formations were: in a line, a ledge forward, a ledge back, a checkerboard formation, a stepped formation.
For swarms, the battle formation was the same - a rifle chain.
Heavy weapons were usually placed at intervals and flanks of battle formations: heavy machine guns, grenade launchers, anti-tank rifles, and cannons.
The forms of battle formations of the department (kuren) were as follows:
- in lines, all hundreds are on one line;
- a ledge forward: one hundred is moved forward, two are behind, at a distance from the leading hundred, in one line, keeping an interval between them;
- a step back: two hundred in front on the same line with an interval between them, the third - at a distance behind them;
- in a checkerboard pattern (left or right): in departments in which there were more than three hundred, two or three hundred were placed at intervals along the line in front, two at a distance behind them, at intervals between each other;
- in a stepwise order (left or right) - one hundred in front, the others at a distance behind the first hundred in the form of steps to the left or right.
The commander's place in battle. Swarm - in the Streltsy chain; even, hundred and kuren - in battle formations in places from which you can observe the battlefield and control your unit.
Solo Rebel
While participating in battles, each rebel seemed to constantly pass an exam for moral, psychological and physical endurance. He could only rely on the reliability of his weapon, on his ingenuity and courage, and even in the most desperate situation he had no right to break down. At a critical moment, he took his own life with the last bullet so as not to surrender alive and not to betray his commanders and friends, not to give away rebel secrets.
The rebel was obliged:
- to be courageous, courageous, revolutionary vigilant and merciless towards enemies;
— accurately carry out all orders of commanders;
- do not leave your fighting position even at the cost of your life;
- in battle, be a loyal brother-in-arms to your comrades and defend the commander;
— in battle, do not be nervous, but calmly carry out the assigned task;
- in the event of the loss of a commander, do not panic, but boldly take the initiative, continue the battle and support the weak in spirit;
- if your department is defeated, get to another department and continue the fight. Rebel Special Duties
Usually the rebel fought as part of a swarm as a shooter or performed special duties: he was an observer, a sniper, a machine gunner, an ammunition carrier, a messenger, and was on secret duty, on patrol, or at a field post.
Observer. To observe the enemy, the unit commander appointed observers. They took their respective places in front of the defensive line. There they themselves chose observation points on the ground, taking into account the possibilities of camouflage and the prospects opening from such points. They reported everything they noticed to their commander, without stopping the observation process.
Sniper. The best shooters were selected to become snipers. Their goal was to locate and destroy enemy officers, snipers, observers and machine gun nests. For successful operations, the sniper had to make the most of the terrain, skillfully camouflage himself, and shoot accurately. During an enemy attack, the sniper held back the advance at distant approaches (more than 500 meters).
Machine gunner. He acted either independently or together with other shooters in the unit. The task of the machine gunner is to unexpectedly use his weapon, inflict the greatest damage on the enemy, cause panic in his ranks and disappear. Submachine gunners guarded UPA departments at crossings and stations, setting up ambushes and raids.
During the offensive, the machine gunners moved in the first line. Having identified weak points in enemy positions, they sought to penetrate there and strike with their fire on the flanks and from the rear. In defense, machine gunners held back the enemy, destroyed his firepower and commanders, and therefore had to have prepared positions in advance. In the night offensive, they moved ahead and sought to capture the front line of the enemy’s defense. The machine gunners also ensured the junctions of the units, placing themselves in groups of two or three at intervals and using crossfire. When leaving the battle, the machine gunners (together with the machine gunner) held back the enemy with fire, covering the retreat.
Ammunition carrier. This is a fighter who delivered boxes of ammunition for a machine gun, grenade launcher or anti-tank rifle. In battle, he helped the machine gunner, supplying magazines or belts with cartridges, and monitored the enemy’s movements, indicating the direction, range and targets. In the event of the death or injury of the machine gunner (grenade launcher), he continued to fire in his place.
Messenger. In the rebel departments there were two types of messengers. During the battle, the commander sent some to junior commanders with his orders (or the junior commander subordinate to him sent one to his commander, conveying information about the circumstances of the hostilities). The commander of the unit (hundred or kuren) sent other liaison officers to higher authorities with written or oral reports, messages, etc.
The messengers had to be physically developed, necessarily literate and brave. The second type of messengers, in addition, had to be distinguished by restraint in conversations and good ability to navigate the terrain. If the commander sent a messenger during the battle, he was sure to inform him about the contents of the order and the time of delivery of the latter. If the messenger fell ill or was seriously injured along the way, he handed the mail to the nearest commander so that he would hand it to the addressee. If the report could fall into the hands of the enemy, the messenger had to destroy the mail (tear it up, bury it, burn it, eat it).
Watch. To detect the enemy or obtain information about him, the commander sent a patrol of two rebels. The task of the patrol is to promptly identify the enemy and warn your commander about him. The watch had to have a good understanding of the essence of its mission; with weapons at the ready, move from one shelter to another, while simultaneously conducting surveillance. In the event of the appearance of large enemy forces, the patrol immediately notified the commander, and having encountered a small group or his scouts, he tried to destroy them in sudden hand-to-hand combat or take them prisoner.
The patrol in the combat marching column moved ahead of her at a distance of direct visibility. If the enemy was detected, he warned his commander with a prearranged signal so that he had the opportunity to prepare for battle.
Secret. For more thorough reconnaissance of the enemy, two or three rebels were sent into secret. In order not to give itself away, the secret freely allowed small enemy groups to pass by, but in one way or another informed the commander about the enemy’s movements. The secret has not changed. At the end of the time for which it was exposed, the secret independently returned to the outpost. Secrets and patrols were widely used when organizing the defense of a region by UPA departments.
As in any other army, the knowledge, skills and abilities of each ordinary soldier largely determined the success of the actions of the entire unit and the result of the operation. That is why the UPA training programs focused on the training of fighters, especially their individual training (for example, field training as part of a swarm and a couple, as well as when performing special duties, the program devoted almost 120 hours out of a total of 359 hours for all subjects).
The Rebel Swarm is the primary tactical unit.
The swarm is the smallest independent combat unit of the UPA department, roughly corresponding to a department in the regular army. Thanks to its numerical strength and weapons, the swarm could solve a whole range of combat missions. He mainly acted as part of a team, but could also operate independently. To be continued. Source: bb-msu.livejournal.com/94635.html
Tactics for defending your theses
- increasing indisputably proven facts in your speech;
- the concentration of independent arguments consists in the tactic of attracting indisputable facts to confirm that one is right;
- if there is a way to express your position in several different ways, then you should use it;
- sometimes it is tactically advantageous to formulate your position, moving from minor facts to important ones;
- tactics for introducing arguments - significant facts are presented gradually so that the speech is evenly filled with them, and there is no feeling of empty chatter after everything important has already been said;
- the compromise tactic is both a psychological and rhetorical technique, when part of the enemy’s safe judgments is recognized as true;
- minimax tactics - constructing an argument in such a way that it cannot be criticized (documentary confirmation of each statement);
- tactics of waiting in a dispute, leaving the last word for yourself.
If you have an undeniable argument, it is better to save it until the end of the debate so that the opponent does not have time to put forward a counterargument.
What is guerrilla hype?
It’s not often on my blog, but hype partisans appear, and when this happens, many questions arise from partners: what is special about the work? This is the same investment project, but with a number of differences, first of all, a long period of work before becoming a popular and simple design. This term is included in the collected dictionary of the hype investor, and the article will tell you in detail about the features of the work.
Such a project is often called a “Part” - short for partisans. It rarely attracts attention with its original design, but works on a template version.
Refuting theses and destroying the enemy's strategy
During a dispute, you should constantly evaluate the enemy’s tactics and strategy in order to be able to respond to them in a timely manner:
- destroying the opponent's argumentation field - a tactic of questioning the maximum number of his statements;
- concentration of counter-evidence - voicing as many arguments as possible against the opponent’s argumentation;
- a tactic in which logically weak judgments are found in the opponent’s argumentation and the court’s attention is focused on them.
Water is in short supply
“By mid-1943, there were 20 partisan zones on the territory of Belarus - vast territories completely liberated from occupation, power in which was in the hands of partisans and underground party committees,”
says
Alexandra, a senior researcher at the Department of Military History of Belarus at the Institute of History of the National Academy of Sciences, candidate of historical sciences. Kuznetsova-Timonova
.
From 35 to 70 thousand people lived in these zones - this is the population of a large regional center such as Smorgon or Zhlobin. Refugees constantly arrived there, fleeing punitive operations and military operations. In the partisan zones they plowed the land, sowed grain, sewed clothes and shoes, worked in workshops, small factories and even power plants. The authorities were represented by partisan commandants' offices: each detachment in the partisan zone was assigned a village. Everyone who could carry weapons ended up in the partisan reserve. Subscriptions for war loans were even opened, and the money collected was sent to the mainland for the construction of tanks and aircraft. Entire partisan villages were created in the forests, where they opened workshops, baked bread, taught and treated. The clothes wore out quickly. Civilians often handed it over to the partisans, knitting warm socks and scarves.
Preparing food for the partisans. Brest region. 1942
— There was an acute issue with food. In the first months of the occupation, the units survived thanks to the help of the population. The Germans were in no hurry to dissolve the collective farms and the partisans took advantage of this: they took cattle away from the collective farms and took potatoes from the piles. Salt was especially valued: there was a catastrophic shortage of it,
— notes Alexandra Kuznetsova-Timonova.
— The partisans obtained food by attacking German vehicles with supplies requisitioned from peasants: they intercepted milk that was being transported to factories, eggs, grain, and vegetables.
It happened that police, disguised as partisans, robbed villages. The partisans had one punishment for looting and crimes against civilians - execution. In the forests there were small workshops - shoemakers, sewing shops. Larger enterprises were gradually revived in partisan zones. In the spring of 1942, the Pudot Cardboard Factory resumed its work: carts were made in the carpentry shop, weapons were repaired and assembled in the metalwork shop, and cars, carts, kitchen and household utensils were made in the blacksmith shop. There were partisan power plants, mills, and almost industrial bakeries. By the end of 1942, 31% of dairy farms were under the control of the people's avengers.
In partisan camps that remained in one place for a long time, “subsidiary farms” were gradually organized. For example, cow's milk was given to the wounded, sick and young children. Also, in almost every detachment, like in the Kirov detachments of the Pinsk region, in the Medvedev brigade of the Vileika region, there was a camp bakery: flour and potatoes were used. Sometimes bread or cakes were simply baked over a fire.
Potatoes formed the basis of the diet. It happened to shoot a wild animal - there were enough hunters in each detachment. During the season, they actively collected mushrooms, berries, and herbs. We ate two or three times a day. The fighters had a packed lunch: crackers, corned beef or a piece of lard. Clean drinking water was in short supply. In winter it was mined by melting snow. In the summer, they filtered muddy swamp and river water through rags. Poor quality water often caused dysentery.
Guerrilla dinner.
Instead of ointment - birch tar
It was impossible to organize high-quality treatment in detachments in conditions of battles, long marches and changes in camps.
At first, there was a catastrophic shortage of doctors: by the end of 1941, there were only six doctors and slightly more qualified medical workers in the partisan detachments. The ranks of partisan doctors were replenished by local residents leaving for the detachments and representatives of the medical staff of military units that were surrounded. Alexandra Kuznetsova-Timonova says that the first “stationary” forest infirmaries and hospitals appeared only in the summer of 1942, when partisan detachments became stronger, communications with the mainland were established and it became possible to transport the seriously wounded and sick by plane to the Soviet rear and deliver medicines and vaccines to the detachments , dressings. Given the shortage of medical personnel, they began to be trained locally. For example, courses for medical instructors were organized in the 8th Rogachev brigade. Lack of vitamins led to scurvy and gum disease. Poorly adjusted living conditions could provoke colds, flu, and pneumonia. The real problem was scabies. To treat it, they extracted birch tar, mixed it with salt and rubbed it on the skin. For gastrointestinal diseases, they went on a hunger strike, then the patient was given a decoction of dried blueberries, crackers, a decoction of alder bark and liquid oatmeal. Gum diseases were treated with a decoction of pine needles or oak bark.
Psychological tactics in the process of proof
For all its formality, legal proceedings are carried out by people who can be influenced. Appearance, manners and turns of speech are the same tools in achieving goals as references to the law.
A few rules to follow to make the right impression:
- simple tactics - copying the gestures and intonations of a person (most often a judge) whose favor the disputant hopes to gain;
- a friendly attitude towards the participants in the dispute and towards your opponent in the first place;
- demonstrating a willingness to compromise;
- a formal agreement with the enemy in that part of his tactics that does not significantly affect the outcome of the dispute;
- the tactic of demonstrating professional superiority over the enemy can be successful.
A good speech apparatus is half the success of a speaker. Special exercises will help you speak more convincingly.
Kerch shooter sympathized with Ukrainian punitive forces in Donbass
Vladislav Roslyakov, who tripled the massacre at the Polytechnic College, actively spoke on social networks in support of the special operation of the National Guard of Ukraine.
The so-called Kerch shooter actively supported the actions of Ukrainian troops in the Donbass on social networks for several years, writes MK. The publication learned that Vladislav Roslyakov was a member of several groups and also had many accounts.
In particular, he wrote under the nicknames “Strange” and “Strange Type”, then maintained a page with his real name. He also had accounts with the nicknames “Anatoly Smirnov” and “Vladik Roslyakov”. For example, for several years he was a member of a group on VKontakte called “Project Partisan Mercenaries Survival Tactics Campaign.” Its participants, in addition to actively discussing the events in Donbass, immediately purchased military uniforms, including body armor.
“I remember how in 2020 Roslyakov mocked the militias from Donbass; he did not hide the fact that he supported the Ukrainian National Guard. On this basis, people fought with him,” said one of the public participants.
The community administrator also confirmed this, noting that all Roslyakov’s data has been removed from the public.
“The guy did a good job not to leave any traces. I don’t even see correspondence with him within the group. His old page has been deleted and the copied version cannot be opened. Oddly enough, even on the server it was not saved when he visited, from what address, with what browser. This suggests that a competent hacker killed all his data,” says the administrator.
He also emphasized that he could not agree on the purchase of weapons in the Roslyakov group, since they only sell ammunition here.
In addition, the publication notes that Roslyakov was an active participant in the “Skin Art” and “People’s Socialist” communities. In 2020, he threatened a girl online who offered to take care of cats and euthanize stray dogs. The shooter promised in messages to kill her or “set the dogs on.” The girl writes that she considered him crazy and ignored his threats for a long time.
Earlier it became known that the burned laptop of the Kerch shooter was sent for examination.
On October 17, Vladislav Roslyakov carried out a massacre at a polytechnic college in Kerch. He detonated an explosive device in the cafeteria and then began shooting everyone. 20 people became victims of Roslyakov (the shooter himself was also listed as dead, so the media write about 21 dead), about 70 more were injured. The source said the shooter had been planning the attack since 2017.
Tactics for additional influence on the legal process
It has only an indirect relation to dispute tactics, but can be effective for strengthening a position when proving.
Delaying the proceedings is an ideal tactic if there is not enough time to collect evidence, or the person expects to wait for the occurrence of some event that will affect the resolution of the dispute. For this use:
- reasoned objections to the statement of claim;
- application for procedural challenges;
- petitions for the appointment of additional examinations and the involvement of witnesses;
If motions are made on far-fetched grounds, the judge will most likely reject them, and the participant in the process who makes them will not create a better reputation in the eyes of the court.
Influencing other participants in the process is not a completely legitimate method. But since people are not prohibited from communicating freely, their point of view can be explained in a motivated manner to interested parties outside the court walls.
The main thing is that such influence cannot be regarded as an attempt at bribery or pressure. Choosing tactics that are contrary to the law is risky.
